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SCHOOL LAWS 



COMMON SCHOOL DECISIONS 



STATE OF ILLINOIS. 



Peepaeed and Aeeanged by 

Newton Bateman, LL. D. 

Eeviseij by 

"William L. Pillsbury, A. M. 

Eight Yeaes Assistant of Stjpeeintendent ob" 
Public Insteuction. 




UEBANA AND AUEOEA: 

PHiliSBUEY AND FEEEMAN, 

1889. 






Copyriglit, 1865, by Newton Bateman. 



Copyright, 1866, by Newton Bateman. 



Copyriglit, 1867, by Newton Bateman. 



Copyriglit, 1871, by Newton Bateman. 



Copyriglit, 1887, by Pillsbury and Freeman. 



Copyright, 1889, by Pillsbury and Freeman. 



Wote— Edition OF 1889. The codification of the School 
Law by the legislature at the session just closed has made 
it necessary to revise the Common School Decisions. But 
while the revision consists chiefly of a rearrangement of the 
matter in the former edition, much pains has been taken 
to incorporate the recent decisions of the courts which re- 
late to school affairs, and the value of the book will be 
found to be greatly enhanced by the citation of a very 
large number of new cases. 



Urbana, July 1, 1889. 



W. L. PILLSBUEY. 



Printed, Stereotyped and Bound by 

H. W. EOKKEE, 

Springfield, Illinois. 



PREFACE. 

[Edition of 1887.] 



During the eight years I was employed in the oflBce of 
the Superintendent of PubHc Instruction, I found Dr. Bate- 
man's Common School Decisions an invaluable aid in de- 
termining the many school questions referred to the State 
Department. The book, having been pubhshed twenty 
years ago, had, however, been rendered unsuitable for gen- 
eral use by the many changes which had been made in the 
law. 

In preparing this revision, the matter has been re-arranged 
and a very large part of it has been re-written. 

The Preface to Dr. Bateman's last edition of the Deci- 
sions states the scope and aim of the book thus: 

"The object of this volume is to furnish to those in any 
way concerned with our system of common schools, in con- 
venient form and small compass, information and instruc- 
tion necessary to the proper discharge of their duties. 

"The book contains: 

'"I. The Common School Laws of the State, with all the 
latest amendments. 

"II. The OflBcial Decisions and Instructions of the State 
Superintendent, and the Decisions of the Supreme Court, 
In relation to common schools. 

"The official decisions are confirmed by copious references 
to and citations of judicial authorities. To this end the 
Supreme Court Reports of Illinois and of many other States 
have been carefully and exhaustively searched. It is hoped 
that this feature of the work [and the table of cases added] 
will render it of some value to members of the bar and 
others, in the management of cases arising under the school 
laws of the State. 

"The decisions embrace a wide range and great variety 
of subjects. It is believed that questions can hardly arise 
under our present school laws upon which some light, if 
not a definite ahswer, will be found in this volume. 

"Forms of all School Instruments are added for the con- 
venience of school officers. Both the laws and decisions 
are very copiously indexed. The aim throughout has been 
to render the work a plain, practical, and reliable common 
school manual." 

The work of revision has been very carefully done with 
the same objects in view; and my wish is that school offi- 
cers and teachers and others interested in questions relat- 
ing to the school laws and their administration, may find 
this as useful as were the former editions of the book. 

W. L. PiLLSBURY. 

Springfield, Nov. 1, 1887. 



TABLE OF CONTENTS. 



Page. 

Educational provisions in constitution, and comments 9 

General school law as amended, with decisions 12 

Article 1. State superintendent of public instruction 12 

Article 2. County superintendents 20 

Article 3. Townships — Trustees of schools 43 

Article 4. Township treasurer 99 

Article 5. Board of directors 120 

Article 6. Board of education 177 

Article 7. Teachers 190 

Article 8. Revenue and taxation 215 

Article 9. Bonds 222 

Article 10. County clerk 229 

Article 11. County board 231 

Article 12. School funds 234 

Article 13. School lands 241 

Article 14. Fines and forfeitures 249 

Article 15. Liabilities of school officers 252 

Article 16. Miscellaneous 258 

Additional acts, with decisions: 

"Compulsory" education act 266 

Physiology and hygiene taught 268 

Compensation of election judges in certain cases 269 

Members of boards of education appointed 270 

Forms of official instruments 272 

Calendar of elections and official duties 278 

Table of cases cited 278 

Index 283 

Advertisements, see front and back of book. 



SCHOOL LA^WS 

AND 

OFFICIAL AND JUDICIAL DECISIONS, 



CONSTITUTIONAL PROVISIONS WITH REGARD TO 
EDUCATION. 



The state constitutions of 1818 and 1848 made no refer- 
ence to schools. The constitution of 1870 has the following- 

ARTICLE y III— EDUCATION. 

General assembly to provide a system of free schools. 

Section 1. The general assembly shall provide a thorough 
and efficient system of free schools, whereby all children of 
this state may receive a good common school education. 

Common School Education. This article, while manda- 
tory in its character, is rather a limitation than a grant of 
power. It commands the general assembly to provide a 
system of schools, but subject to the tw^o limitations, that 
the schools shall be "free schools," and that the,y shall 
offer the children of the state a "good common school edu- 
cgbtion." The meaning of the term "common school educa- 
tion" has been much discussed. The supreme court holds 
that a common school is one which "begins with the rudi- 
mental elements of an education, whatever else it may em- 
brace, as contradistinguished from academies or universi- 
ties devoted exclusively to teaching advanced pupils in the 
classics and in the higher branches of study usually included 
in the curriculum of the college." The high school is held 
to be made lawfully a part of the school system. [JRichards 
V. Raymond, 92 111., 612; Powell v. Board of Education, 
97 111'., 375; Stuart v. School District, 30 Mich., 69.] 

Lands, moneys, and other property donated. § 2. All 
lands, moneys, or other property, donated, granted or re- 
ceived for school, college, seminary, or university purposes, 
and the proceeds thereof, shall be faithfully applied to the 
objects for which such gifts or grants were made. 

Funds held by the State in Trust. The funds referred to 
are those established out of the several grants and dona- , 



10 CONSTITUTIONAL PROVISIONS. 

tions made by the general government to the state for 
educational purposes, and the additions that have been 
made to them from time to time. The grants were made 
to the state. The state has complete control over them, 
to administer them as it pleases in promotion of the objects 
of the grants; and for this the public faith of the state 
stands solemnly pledged. The grants may not be burdened 
or subjected to waste for any other public purpose by 
general or special taxation, including taxation for drain- 
age purposes. [Greenleafv. Trustees, 22 111., 236; Chicas;o 
V. People, 80 111., 384; People v. Trustees, 118 111., 52; 
Univ. of Chicago v. People, 118 111., 565; Trustees 111. In- 
dustrial Univ. V. County of Champaign, 76 111., 184; Trus- 
tees V. Schroll, 120 111., 509; 232 and 237, School Law.] 

Appropriations for sectarian purposes forbidden. 
§ 3. Neither the general assembly nor any county, citj^ 
town, township, school district, or other public corporation,, 
shall ever make any appropriation or pay from any public 
fund whatever anything in aid of any church or sectarian 
purpose, or to help support or sustain any school, acad- 
emy, seminary, college, university or other literary or 
scientific institution controlled by any church or sectarian 
denomination whatever; nor shall any grant or donation 
of land, money or other personal property ever be made by 
the state or any such public corporation to any church, or 
for any sectarian purpose. [County of^ Cook v. Industrial 
School, 125 111., 540; 286 School Law.] 

Teachers and school oflB.cers not to be interested in 
sale of books, etc. § 4. No teacher, state, county, town- 
ship or district school officer shall be interested in the sale, 
proceeds or profits of any book, apparatus or furniture 
used or to be used in any school in this state with which 
such officer or teacher may be connected, under such penal- 
ties as may be provided by the general assembly. [287 
School Law.] 

County superintendent of schools. § 5. There may 
be a county superintendent of schools in each county, 
whose qualifications, powers, duties, compensation and time 
and manner of election, and term of office, shall be pre- 
scribed by law. [Art. 2, School Law.] 

Article 5 of the constitution makes a Superintendent of 
Public Instruction one of the executive officers of the state^ 
and provides for his election, term of office, etc. 



CONSTITUTIONAL PROVISIONS. 11 

Article 9, Sec. 12, of the constitution forbids school 
districts or other municipal corporations to incur any debt 
beyond five per centum on the value of the taxable prop- 
erty therein, as ascertained at the last assessment for the 
general tax. Compare also 215 of the law. 

Article 4, Sec. 2, of the constitution forbids enacting- 
any local or special laws "providing for the management 
of common schools." 

This section is held by the supreme court to be, not a 
limitation upon the power of the legislature to select such 
agencies as it pleases to establish schools, to levy and col- 
lect taxes and disburse moneys for their maintenance, but 
rather a prohibition relating "merely to the management 
of common schools; that is, to the conduct of common 
schools in imparting instruction." [Speight v. People, 87 
111., 595; Fuller v. Heath, 89 111., 29G; State v. Powers, 45 
Ohio State, 555.] 

Article 9, Sec. 3, of the constitution provides that such 
property as may be used exclusively for schools may be 
exempted from taxation by general law. Pursuant to this 
section of the constitution, all public school houses and all 
property of institutions of learning, not leased or other- 
wise used for profit, are exempted by law from taxation. 
[Sec. 2, Clmp. 120, Starr and Curtis' s Rev. Stat., 111.'] Two 
classes of public school property are to be distinguished: 
One, consisting of the funds received at different times from 
the general government for educational purposes and ad- 
ditions thereto, which is held in trust by the state, and 
has been spoken of above in the note under article 8, Sec. 
2, of the constitution. That class is exempt from all 
species of taxation. The other class consists of property, 
other than that of the first class, acquired and held for 
pubhc school purposes by the several school corporations 
created by law. This second class of property is exempted 
from general taxation, but, by the rule laid down in Mc- 
Lean Co. V. Bloomington, 106 111., 209, would seem not 
to be exempt from special assessments. [Also, Cooley on 
Taxation, 458.] 



12 



SCHOOL LAWS AND DECISIONS. 



SCHOOL LAWS OF ILLINOIS, 1889. 



ICIiE. 

State superintendent of public in- 
struction. 
County superintendents. 
Townships— Trustees of schools. 
Township treasurer. 
Board of directors. 
Eoard of Education. 
Teachers. 
Revenue and taxation. 


Article 
9. Bonds. 

10. County clerk. 

11. County board. 

12. School funds. 

13. School lands. 

14. Fines and forfeitures. 

15. LiabiUties of school officers 

16. Miscellaneous. 


AKTK 


:!LE 1. 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



§ 1. Tim-^ of election and term of office 

§ 2. Oath and bond. 

§ 3. Salary and office expenses. 



§ 4. Duties defined. 
§ 5, Powers dejQned. 
§ 6. Liabilities. 



1. Election— Term of office. Section 1. Be it enacted 
by the People of the State of Illinois, represented in the 
General Assembly: That at the election to be held on 
Tuesday after the first Monday?- of November, in the year 
of our Lord one thousand eight hundred and ninety, and 
quadrennially thereafter, there shall be elected by the legal 
voters of this state, a state superintendent of public in- 
struction, who shall hold his office for four years from the 
second Monday in January next after his election, and 
until his successor is duly elected and qualified. 

2. Oath— Bond. § 2. Before entering upon his duties 
he shall take and subscribe the oath of office prescribed by 
the constitution, and shall also execute a bond, in the 
penalty of twenty-five thousand dollars, (|25,000) payable 
to the People of the State of Illinois, with securities to be 
approved by the governor, conditioned for the prompt dis- 
charge of his duties as superintendent of public instruction, 
and for the faithful application and disposition, according 



SCHOOL LAWS AND DECISIONS. 13 

to law, of all school moneys that may come into his hands 
by virtue of his office. Said bond and oath shall be de- 
posited with the secretary of state, and an action may be 
maintained thereon by the state at any time for a breach 
of the conditions thereof. 

3. Salary. § 3. And the said state superintendent 
shall receive, annually, such sum as may be provided by- 
law, as a salary for the services required under the provi- 
sions of this act, or any other law that may be passed, 
and also all necessary contingent expenses for books, post- 
age and stationery pertaining to his office, to be audited 
and paid by the state as the salaries and contingent ex- 
penses of other officers are paid. 

Salary. Section 1 of the Fees and Salaries Act, fixes the 
salary of the state superintendent at thirty-five hundred 
dollars a year. The amount for clerk hire and contingent 
expenses is determined by the legislature at each session. 
[Sec, 1, Chap. 53, Rev. Stat. Ill] 

4. Official duties. § 4. It shall be the duty of the 
said state superintendent of public instruction — 

First — to keep an office at the seat of government of the 
state. 

Second— To file all papers, reports and public documents 
transmitted to . him by the school officers of the several 
counties, each year separately. 

Third— To keep and preserve all other public documents, 
books and papers relative to schools, coming into his hands 
as state superintendent, and to hold the same in readiness 
to be exhibited to the governor, or to any committee of 
either house of the general assembly, {a) 

Fourth — To keep a fair record of all matters pertaining 
to the business of his office. 

Fifth — To pay over, without delay, all sums of money 
which may come into his hands by virtue of his office, to 
the officer or person entitled to receive the same, in such 
manner as may be prescribed by law. {b) 

Sixth — To counsel and advise in such manner as he may 
deem most advisable, with experienced and practical school 
teachers, as to the best manner of conducting common 
schools. 

Seventh — To supervise all the common and public schools 
in the state. 

Eighth— To be the general adviser and assistant of county 
superintendents of schools in this state. 

Ninth — To address circular letters to county superintend- 
ents, from time to time, as he shall deem for the interests 



14 SCHOOL LAWS AND DECISIONS. 

of schools, giving advice as to the best manner of con- 
ducting schools, constructing school houses, furnishing the 
same, examining and procuring competent teachers. 

Tenth— To, on or before the 1st day of November pre- 
ceding each regular session of the general assembly, report 
to the governor the condition of the schools in the several 
counties of the state; the whole number of schools which 
have been taught in each county in each of the preceding 
years, commencing on the 1st of July; what part of said 
number have been taught by males exclusively, and what 
part by females exclusively; what part of the said whole 
number have been taught by males and females at the 
same time, and what part by males and females at different 
periods; the number of scholars in attendance at said 
schools; the number of persons in each county under twenty- 
one years of age, and the number of such persons between 
the ages of twelve and twenty-one years that are unable 
to read and write; the amount of township and county 
funds; the amount of the interest of the state or common 
school fund, and of the interests of the township and county 
fund annually paid out; the amount raised by an ad 
valorem tax; the whole amount annually expended for 
schools; the number of school houses, their kind and con- 
dition; the number of townships and parts of townships in 
each county; the number and description of books and 
apparatus purchased for the use of schools and school 
libraries under the provisions of this act, the price paid 
for the same, the total amount purchased, and what quan- 
tity and how distributed; the number and condition of the 
libraries, together with such other information and sug- 
gestions as he may deem important in relation to the 
school laws, schools, and the means of promoting educa- 
tion throughout the state; which report shall be laid before 
the general assembly at each regular session, (c) 

Eleventh — To make such rules and regulations as may 
be necessary and expedient to carry into efficient and uni- 
form effect the provisions of this act, and of all the laws 
which now are or may hereafter be in force for establish- 
ing and maintaining free schools in this state. 

Twelfth— To be the legal adviser of all school officers, 
and, when requested by any such school officers, to give 
his opinion in writing upon any question arising under the 
school laws of this state, (d) 

Thirteenth — To hear and determine all controversies 
arising under the school laws of this state, coming to him 
by a|3peal from a county superintendent, upon a written 
statement of facts certified by the county superintend- 
ent, (e) 



SCHOOL LAWS AND DECISIONS. 15 

Fourteenth — To receive and file all proper reports made 
to him from time to time by the several county superin- 
tendents of this state as required by article 2, of this act. 

Fifteenth— To grant state certificates to such teachers as 
may be found worthy to receive them, as provided for in' 
section 2 of article 7, of this act. 

Sixteenth — To be ex officio a member of the board of 
trustees of the University of Illinois and of the Southern 
Normal University. 

Seventeenth — To be ex officio a member of the board of 
education of the State of Illinois, and to act as secretary 
thereof. 

Eighteenth— To report to the general assembly of Uh- 
nois, at its regular sessions, the condition and expenditures 
of the Normal University, and such other information as 
may be directed by the board of education of the State of 
lUinois or by the general assembly of this state. 

Nineteenth— To visit such of the charitable institutions of 
this state as are educational in their character, and to 
examine their facilities for instruction, and to prescribe 
forms for such reports as he may desire from the superin- 
tendents of such charitable institutions. 

(a) Official Files— Return of Correspondence. Correspond- 
ents asking for official opinions often request the state 
superintendent to return their letters with his answers 
thereto; but such requests are not complied with, for the 
law is construed to require that such letters must be re- 
tained on file. Correspondents should, therefore, retain 
€opies of such papers as they wish to preserve; or transmit 
in duplicate, in which case one copy will be returned if 
desired. Attested copies of any official paper will be cheer- 
fully furnished, when requested; but the originals can not 
be returned. 

(Z>) Superintendent handles no School Moneys. The 
superintendent does not receive any school moneys. The only 
moneys which come into his hands as superintendent are 
the sums appropriated for the clerical and incidental ex- 
penses of his office. 

(c) Reports. The reports of the state cuperintendent 
are made to the governor biennially; but each contains a 
statistical summary of school operations for each of the 
two preceding school years. The statistical school year 
begins July first. 



16 SCHOOL LAWS AND DECISIONS. 

(d) 1. Power to make Rules This section grants the 
state superintendent large powers, both legislative and 
judicial in character, whose limits are not easily stated. 
That he speaks with authority in making rules, interpret- 
ing laws, and in giving opinions upon questions referred to 
him is recognized by the courts. [Powell v. Board of Edu- 
cation, 97 111., 375; State v. Burton, 45 Wis., 150; State 
V. Graham, 60 Wis., 395.] 

2. Decisions Final. The decisions of the state superin- 
tendent are final, unless otherwise directed by the legisla- 
ture, or reversed by a court of competent jurisdiction. 

3. Will not advise as to Cases in Court. He has noth- 
ing to do with school cases which have been taken into 
the courts. Hence, he can not take under advisement, or 
furnish opinions upon, cases or questions upon which judi- 
cial proceedings have been instituted. It would be both 
useless and improper for him to do so, for his jurisdiction 
ceases where that of the courts begins. The object of the 
powers with which he is invested is to prevent litigation, 
not to interfere after suits have been commenced. This 
will explain why decisions are not furnished to parties in 
actual litigation. They must apply for information or in- 
structions before bringing suit. 

(e) 1. Controversies — Appeals. When controversies arise, 
the parties are first to seek the opinion and advice of the 
county superintendent. If his decision is satisfactory that 
ends it. If not, then the county superintendent forwards a 
written statement of the facts in the case, to the state 
superintendent. The county superintendent, having already 
examined the case and afforded the parties a full hearing, 
is familiar with all the essential points in issue, and can 
readily embody them in his statement to the state super- 
intendent. 

But it is the intention of the law that all matters of 
doubt, or in respect to which information or advice is 
needed, should be referred, primarily, to the county super- 
intendent. He "shall be the official adviser and constant 
assistant of the school officers and teachers of his county.'" 
He stands at the head of the common school system of 
his county, and is the proper officer to apply to on all 



SCHOOL LAWS AND DECISIONS. 17 

subjects relating to tlie interests of the schools, and to the 
rights and duties of school officers and teachers in his 
county. It is his duty to be thoroughly acquainted with 
the law, with its official and judicial interpretations, and 
with the whole frame-work of our educational system, and 
thus to be qualified as the official and intelligent adviser 
of all in his county who may need his assistance. 

This was undoubtedly contemplated in the original adjust- 
ment of the several claisses of school officers; it is the short- 
est and most natural course for the parties concerned; it 
relieves the central office of an unnecessary burden, and 
smooths and simplifies the operations of the whole system. 
If the county superintendent should be unable to give the 
information, or to answer the questions submitted to him, 
it is his right and duty to apply to the state superintend- 
ent for the necessary advice or instructions, which the latter 
is bound to furnish — promptly and fully. But the county 
superintendent w^as intended to be, and is, the proper ad- 
visory and consulting officer on all common school matters 
in his county, and as such he should be first applied to. 
In the great majority of cases he can- furnish the desired 
information or counsel, and thus save much time and delay 
to the parties concerned. 

Should matters of a controversial nature be submitted to 
the state superintendent, he will deem it his duty to decline 
to consider or pass upon them until they shall have been 
referred to the county superintendent, as required by law. 
All such matters will receive prompt attention when they 
are received through the regular and prescribed channel, 
namely, through the county superintendent, and not other- 
wise. This is not to cause the parties needless trouble, nor 
to save the state superintendent from labor, but to sub- 
serve the ends of truth and equity, and to comply with the 
law. The one great end sought by the prior reference to 
the county superintendent, is to furnish the state superin- 
tendent the means of rendering a just and impartial deci- 
sion, should the case come before him by appeal. 

2. Wisdom of the Luw. The wisdom of referring school 
controversies to superior school officers has been highly 
commended. "We are satisfied that this supervision of the 



18 SCHOOL LAWS AND DECISIONS, 

state superintendent over the affairs of schools and school 
districts, commonly very fruitful sources of litigation, has 
been most wisely conferred upon him for the public interest, 
as well as for the peace and prosperity of the schools and 
districts themselves." [St£ite v. Whitford, 54 Wis., 150.] 
"If every dispute or contention among those intrusted with 
the administration of the system, or between the function- 
aries and the patrons or pupils of the schools, offered an 
occasion for a resort to the courts for settlement, the 
working of the system would not only be greatly embar- 
rassed and obstructed, but such contentions before the 
courts would necessarily be attended with great costs and 
and delay, and likely generate such intestine heats and \ 
divisions as would in a great degree counteract the benevo- 
lent purposes of the law." \_Wilej v. School Commissioners, ■ 
51 Md., 401.] "A quarrel or a lawsuit in a school district 
is generally not long confined to the original parties. It , 
spreads among all the families, it goes into the selection of 
teachers, and injures the discipline of the schools; and if 
the difficulty once takes the shape of a lawsuit, and the 
parties have expended money as well as temper upon it, it 
is still more difficult to settle. Hence the provision for a 
cheap and speedy decision avoiding the delay and expense 
of a law suit." [Appeal of CoUrell, 10 R. I., 615.] 

3. Hearings — How conducted. The hearings of these 
controversies and appeals .are not to be conducted as suits 
are in a court of law. The school officer hearing the case 
has full discretion in all matters relating thereto since the 
statute prescribes no forms or rules to be observed. But 
it is, of course, as essential that parties before a superin- 
tendent have a fair hearing as that cases be fairly tried in 
court, both that justice may be done, and that the deci- 
sions may be approved by the community. 

5. Official powers. § 5. The said state superintend- 
ent of public instruction shall be clothed with the following 
powers — 

First — To direct and cause the county superintendent of 
any county, directors or boards of trustees or township • 
treasurer of any township, or other school officer to with- 
hold from any officer, township, district or teacher, any 
part of the common school, or township, or other school 



SCHOOL LAWS AND DECISIONS. 19 

fund, until such officer, township treasurer or teacher shall 
have made all schedules, reports and returns required of 
him by this act, and until such officer shall have executed 
and filed all official bonds and accounted for all common 
school or township or other school funds which have here- 
tofore come into his hands, as required of him by this act. 

Second— To require the several county superintendents of 
this state to furnish him with such information relating to 
their several offices as he may desire to embody in his re- 
port to the general assembly of this state. 

Third— To require the board of trustees of each township 
in this state to make, at any time he may desire, a report 
similar to the report required to be made by such trustees 
on or before the fifteenth day of July preceding each regu- 
lar session of the general assembly of this state as provided 
for in sectioji 28 of article 3 of this act. 

Fourth — Upon the recommendation of the county super- 
intendent, or for good and sufficient reasons, to remit 
the forfeiture of the school fund by any township which 
may have failed to make the reports required by law. 

Fifth — To determine and designate the particular statis- 
tics relating to schools which the inferior officers shall re- 
port to the county superintendent for the use of his office. 

Sixth — To authorize the several county superintendents 
to procure such assistance as may be necessary to -conduct 
county teachers' institutes for not less than five days in 
each year. 

Seventh — To require annual reports from the authorities 
of incorporated towns, townships, cities or districts hold- 
ing schools by authority of special charters to the same 
extent as regular school officers are or may be required to 
make such reports. 

Eighth — To require the president, principal, or other 
proper officer of every organized university, college, semi- 
nary, academy or other literary institution, whether incor- 
porated or unincorporated, or hereafter to be incorporated 
in this state, to make out such report as he may require 
in order that he may lay before the general assembly a fair 
and full exhibit of the affairs and conditions of such insti- 
tutions and of the educational resources of the state. 

Ninth — To require the auditor of public accounts to with- 
hold from the county superintendent of any county the 
amount due any such county for its share of the interest 
on state school fund, or said county superintendent for his 
per diem compensation, until the report provided for in 
section 17 of article 2 of this act shall have been furnished 
as therein required. 



20 



SCHOOL LAWS AND DECISIONS. 



6. "Not to be interested in sales of books, etc. § 6. 

The said state superintendent of public instruction shall 
not be interested in the sale, jjroceeds or profits of any 
book, apparatus or furniture used or to be used in any 
school in this state, and for offending against the provi- 
sions of this section, he shall be liable to indictment, and 
upon conviction, shall be fined in a sum not less than 
twenty-five nor more than five hundred dollars, and may 
be imprisoned in the county jail not less than one month 
nor more than twelve months, at the discretion of the 
court. 





AETICLE 


2. I' 

><> 




COUNTY SUPEEINTENDENTS. 


§ 1. 


Time of election and term of of- 


§14. 


Powers defined. 




fice. 


§ 15. 


Eecords of land sales. 


§ 2. 


Oath and bond. 


§16. 


Eeport to county board. 


§ 3. 


Form of bond. 


§17. 


report to state superintendent. 


§ 4. 


Obligors bond jointly and sever- 


§ 18. 


Collecting statistics, and suit 




ally. 




against trustees as individuals. 


§ 5. 


Supervisors may reauire a new 


§19. 


Approval of township treasurer's 




bond. 




bond and delivery of written 


§ 6. 


Office and supplies. 




statement to the township treas- 


§ 7 


Liable to removal. 




urer. 


§ S. 


Vacancies. 


§20. 


Apportionment of funds to town- 


§ 9. 


Time limited. 




ships. 


§ 10. 


Assistants. 


§ 21. 


Loaning of county fund. 


§ 11. 


Commissions and per diem. 
Itemized biUs and vrarrant frona 


§22. 


Appeal to the state superintend- 


§ 12. 




ent. 




auditor. 


§23. 


Delivery of money, books, papers. 


§13. 


Duties defined. 




etc., to successor in office. 



7. Election. Section 1. On Tuesday next after the first 
Monday in November, A. D. 1890, and quadrennially there- 
after, there shall be elected by the qualified voters of every 
county in this state, a county superintendent of schools, 
who shall perform the duties required by law, and shall 
enter upon the discharge of his duties on the first Monday 
of December after his election. 

8. Oath— Bond. § 2. He shall, before entering upon 
his duties, take the oath prescribed by the constitution, and 
execute a bond payable to the People of the State of Ill- 
inois, with two or more responsible freeholders as security, 
to be approved by the county board or by the judge and 
clerk of the county court, in a penalty of not less than 
twelve thousand dollars (|12,000), to be increased at the 
discretion of the said county board, conditioned that he 
will faithfully perform all the duties of his ofiice according 
to the laws which are or may be in force during his term 
of office. 



SCHOOL LAWS AND DECISIONS. 21 

Bond. The amount of the bond should, be at least double 
the amount of moneys and securities that will be held by 
the superintendent at any one time. 

9. Form of bond— Filing. § 3. The bond required 
in the foregoing section shall be in the following form, viz: 

State of Illinois, ) „„ 

County. P^- 

Know all men by these presents, that we, A B,C D and E F, are held and 
firmly bound, jointly and severally, unto the People of the State of Illinois, in 

the penal the sum of dollars, to the payment of which we bind 

ourselves, our heirs, executors and administrators firmly by these presents. 

In witness whereof, we have hereunto set oui- hands and seals, this 

<iay of A. D. 18.... 

The condition of the above obligation is such, that if the above bounden A B, 
county superinrtendent of the county aforesaid, shall faithfully discharge all the 
duties of such ofiiee, according to the laws which now are and may hereafter be 
in force, atod shall deliver over to his successor in office, all moneys, books, 
papers, and property in his hands, as such county superintendent, then this 
obligation to be void; otherwise to remain, in fuU force and virtue. 

A B (Seal.) 
C D (Seal.) 
E E (Seal.) 

And which bond shall be filed in the office of the county 
clerk. 

10. Liability of obligors. § 4. The obhgors in such 
bond shall be bound jointly and severally, and upon it an 
action or actions may be maintained by the board of trust- 
ees of the proper township, or any other corporate body 
interested, for the benefit of any township or fund injured 
by any breach of the conditions thereof. 

Liability for Loss of Funds. The supreme court has 
passed upon the liability of township treasurers for all 
funds coming into their hands as treasurers in Thompson 
V. Trustees, 30 111., 99. [99, note 4], and the same Ha- 
bility attaches to the county superintendent. The official 
relations of county superintendents to the public funds 
coming into their hands as such, being identical in nature 
with those of township treasurers, the same stringent rule 
of responsibility applies to the former as to the latter— 
they are equally liable on their official bonds for the loss 
of any trust funds in their hands, even though caused by 
accident or the felony of another. I do not see any mode 
of relief in any such case, except by the special interposi- 
tion of the legislature. In the case of the public funds dis- 
tributed by county superintendents under section twenty 
of this article, the liability does not cease with the expiration 
of the time within which it is the duty of township treas- 
urers to call for their respective amounts, but remains in 



22 SCHOOL LAWS AND DECISIONS. 

full force so long. as any part of said funds remains in their 
hands. Prudence, therefore, dictates that all said funds,, 
when received and payable, should be paid over and re- 
ceipted for with as little delay as possible, 

11. "New bond. § 5. If a majority of the county board 
shall be satisfied, at any time, that the bond of said county 
superintendent is insufecient, it shall be the duty of such 
superintendent, upon notice being given to him by the clerk 
of such board, to execute a new bond, conditioned and 
approved as the first bond; Provided, that the execution 
of such new bond shall not affect the old bond or the lia- 
bility of the securities thereon. 

12. Office, etc. § 6. It shall be the duty of the county 
board of the county to provide the said county ' superin- 
tendent with a suitable office, with necessary furniture, and 
with office supplies, as is done in the case of other county 
ofiicers. 

OfSce — Furniture — Supplies. The county superintendent's 
office should be a well lighted room of considerable size^ 
and easy of access. If it is not large enough for the ex- 
amination of teachers, the superintendent should have the 
use of additional room, as he may need. The furniture should 
include, besides chairs, tables and writing desk, a book- 
case, a press for copying letters and a letter-book, letter 
files, and other appliances for preserving letters and papers. 
The superintendent should also be furnished with a dic- 
tionary, a good county map and a map of the state. His 
office supplies should include all stationery, blanks, record 
books, necessary printing, postage and the other incident- 
als of the office. In regard to all these matters, the county 
board should deal with the superintendent just as it does 
with the other county officers, and should order the bills 
therefor paid from the county treasury. Formerly the state 
superintendent ruled that these things, when not furnished 
by the county board, might be obtained by the county 
superintendent and paid for out of school funds in his hands,. 
But since the law was amended in 1885 to read as above, 
such a ruling is no longer necessary ; and inasmuch as the 
law now points out the way in which the office, furniture, 
etc., shall be provided and paid for, it is held to be unlaw- 
ful for the county superintendent, even with the consent or 
by the direction of the county board, to use school moneys 



SCHOOL LAWS AND DECLSIONS. 23 

for any such purpose. The only exceptions to the rule 
that the county superintendent's incidental expenses must 
be paid from the county treasury, are that advertising the 
times and places of holding examinations for teachers, may 
by 191, be paid for out of the school fund, and that the 
expenses of the institute, held under 194, are a charge upon 
the institute fund. County superintendents should deter- 
mine in advance, as nearly as may be, what incidental ex- 
penses they will have, and obtain authority from the county 
board to incur them, or secure a regular allowance for such 
purposes. If county superintendents wish or expect to in- 
cur unusual expenses, they should arrange for them in ad- 
vance with the county board. 

In most counties the county boards have treated the 
county superintendent's office with reasonable liberality; but 
a few boards have been extremely niggardly. The law now 
declares this office as important as other county offices, 
and county boards must accord to all the same measure 
of support. 

13. E-emoval. § 7. The said county superintendent 
shall be hable to removal by the county board for any 
palpable violation of law or omission of duty. 

Removal. The county board may not capriciously re- 
move a county superintendent; he may be removed for a 
"palpable violation of law or omission of duty" only. It 
has been held in this state that a county board justly re- 
moved a county superintendent who had been repeatedly 
intoxicated at times when he should have been attending 
to his official duties. It was also held that it was not 
essential to the validity of the order of removal in this case 
that the record of the board should show charges preferred [ 
and filed; that the mode of procedure in procuring and 
hearing evidence in such a case was within the discretion 
of the county board, and that since the statute is silent 
on the point, the board is not required to give the super- 
intendent notice of the time and place of the trial. [People 
V. Mays,in 111., 257.] 

14. Vacancy. § 8. When the office of county super- 
intendent shall become vacant by death, resignation, the 
removal of the incumbent by the county board, or other- 



24 SCHOOL LAWS AND DECISIONS. 

wise, the county board shall fill the vacancy by appoint- 
ment, and the person so appointed shall hold his office 
until the next election of county officers, at which election 
the county board shall order the election of a successor. 

Resignation. When an officer tenders his resignation in 
writing to the person or persons who may properly accept 
it, and the paper is received and ordered filed, the resigna- 
tion is thereby accepted though there may be no formal 
act or record of acceptance, and it is not subject to with- 
drawal thereafter. {^Pace v. People, 50 111., 432.] 

15. Liimitation of time. § 9. In counties having not 
more than one hundred (100) schools, the county board 
may limit the time of the superintendent: Provided, that 
in counties not having more than fifty (50) schools, the 
limit of time shall not be made less than one hundred and 
fifty (150) days a year; in counties having from fifty-one 
(51) to seventy-five (75) schools, not less than two hundred 
(200) days a year; and in counties having from seventy-six 
(76) to one hundred (100) schools, not less than'^two 
hundred and fifty (250) days a year. 

Time. In counties with not more than one hundred 
schools the county superintendent has all his time for his 
official work, unless the county board limits him; and the 
extent of this limitation is fixed. The county boards in 
these smaller counties are not required to limit the time 
of the county superintendent. Usually the best interests of 
schools and of the county will be consulted by putting no 
restriction upon the county su]Derintendent which shall 
limit his time for school supervision. 

16. Assistant. § 10. The county superintendent may, 
with the approval of the county board, employ such assist- 
ant or assistants as he needs for the full disharge of his 
duties. Such assistants shall be persons of good attain- 
ments, versed in the principles and methods of education, 
familiar with public school work, and competent to visit 
schools. Such assistants shall receive such compensation 
as may be fixed by the county board. 

17. Compensation. § 11. County superintendents 
shall receive in full, for all services rendered by them, com- 
missions as follows: Three per cent, commission upon the 
amount of sales of school lands, or sales of land upon mort- 
gage, or of sales of real estate taken for debt, including all 
services therewith. Two per cent, commission ujjon all sums 
distributed, paid or loaned out by them for the support of 



SCHOOL LAW8 AND DEC^ISIONS. 25 

• 

schools. For all other duties required by law to be per- 
formed by them, four dollars ($4) a day for such number 
of days as shall be spent in the actual performance of their 
duties, not exceeding- the number fixed by the county boards 
in counties in which the boards are given power to fix the 
number of days by section 9 of this article of this act, and 
one dollar ($1) a day for expenses for the number of days 
-actually spent in school visitation. 

1. Commissions. The commissions which the county 
superintendent receives are to pay for his services in selling 
school lands and loaning, distributing and pajdng school 
funds, and for the heavy responsibilities he assumes in con- 
nection therewith. [10, note.] 

The county superintendent is entitled to three per cent, 
of the amount realized from all sales of school lands made 
by him. When a sale of school lands is made by the su- 
perintendent, and the amount for which the lands are sold 
is not actually paid in, but loaned to the purchaser or 
purchasers, he is entitled to three per cent, for selling and 
two per cent, for loaning. When the purchaser of school 
lands pays the full price of the land to the commissioner 
in cash, the money so received should be paid to the town- 
ship treasurer, to be loaned by him. But if the treasurer 
w-aives his right to receive and loan said funds, and the 
township trustees request it, the county superintendent, 
acting as the agent of the trustees, may negotiate the 
loan and perform all the services connected therewith, re- 
taining the commissions allowed by law. The notes, mort- 
gages and other securities, in such cases, must be made 
payable to the board of trustees, by their proper corpo- 
rate name, the same as if the loan had been made by the 
township treasurer, as required by 102. 

Besides loans made in connection with land sales, the 
county superintendent, in a county having such a fund, 
loans the county fund and receives commissions therefor. 

He distributes and pays out "for school purposes" those 
sums only which he pays over to township treasurers ac- 
cording to 26; and the commission is two per cent, of the 
amount paid over. 

2. Per Diem Compensation. With regard to the power 
of the county board to fix the number of days, see 16, note. 

—2 



26 SCHOOL LAWS AND DECISIONS. 

18. Bills— Auditor to pay. § 12. The county super- 
intendents shall present, under oath or affirmation, their 
itemized bill for their per diem compensation and for the 
expenses allowed by this article of this act, when visiting- 
schools, together with a report of all their acts as such 
county superintendent, or assistant, including a list of all 
the schools visited, with the dates of visitation, to the 
county board, at the annual meeting of such county board 
in September, and as near quarterly thereafter as such 
board may have regular or special meetings, and after the 
bills have been audited by the county board, the county 
clerk shall certify to such auditing upon the bills, and 
transmit them to the auditor of public accounts, who shall, 
up3n receipt of them, remit in payment thereof to each 
superintendent his warrant upon the state treasurer for 
the amount certified to be due him. The said auditor, in 
making his warrant to any county for the amount due it 
from the state school fund, shall deduct from it the several 
amounts for which warrants have been issued to the county 
superintendent of said county since the next preceding ap- 
portionment of the state school fund. 

The County Superintendents' Bills. The auditor of pub- 
lic accounts furnishes a blank bill in a form which complies 
with the law. This blank, duly filled out and accompanied 
by detailed report of ofiicial work, must be submitted by 
the county superintendent to the county board. When the 
bill has been audited by the board and certified by the 
county clerk, he sends it to the state auditor for payment. 

As to the power of the county board in the premises, see 
230, note and 15, note. 

19. Official duties. § 13. It shall be the duty of each 
county superintendent of schools in this state— 

First — To sell township fund lands, issue certificates of 
purchase, report to the county board and state auditor, 
and perform all other duties pertaining thereto, as re- 
quired by article 13 of this act. 

Second— To register applicants for admission to the state 
normal universities and to the University of Ilhnois, and 
to assist in the examination of the same as directed by 
the state board of education or other proper authorities, (a) 

Third— To visit each school in the county at least once 
a year; and in the performance of this duty he shall spend 
at least half the time given to his oflice, and more, if prac- 
ticable, in visiting ungraded schools, (b) 

Fourth — To note, when visiting schools, the methods of 
instruction, the branches taught, the text-books used, and 



SCHOOL LAAVS AND DECISIONS. 27 

the discipline, gOYernment and general condition of the 
schools. 

Fifth — To give to teachers and school officers such di- 
rections in the science, art and methods of teaching and 
courses of study as he may deem expedient and necessary. 

SiKth — To act as the official adviser and constant assist- 
ant of the school officers and teachers of his county; and, 
in the performance of this duty, he shall faithfully carry 
out the advice and instruction of the state superintendent 
of public instruction. 

Seventh— To conduct, as provided for in section 10 of 
article 7 of this act, a teachers' institute, and to aid and 
encourage the formation of other teachers' meetings, and 
to assist in their management. 

Eighth — To labor in every practicable way to elevate the 
standard of teaching, and improve the condition of the 
common schools of his county, (c) 

Ninth — To examine, at least once each year, all books, 
accounts and vouchers of every township treasurer in his 
county, and if he finds any irregularities in them, he shall 
at once report the same in Writing to the board of trustees, 
whose duty it shall be to take, immediately, such action 
as the case demands. 

Tenth— To examine all notes, bonds, mortgages, and 
other evidences of indebtedness which the township treas- 
urer holds officially; and if he finds that the papers are 
not in proper form, or that the securities are insufficient, 
he shall so state in writing to the board of trustees, (d) 

Eleventh — To give notice of the election of trustees in 
cases such as those provided for in section 15 article 3 of 
this act. 

Twelfth — To file and safely keep the poll books and re- 
turns of any election required to be returned to the county 
superintendent by any provision of this act. 

Thirteenth — To investigate and determine all matters 
pertaining to the change in the boundaries of school dis- 
tricts, which may come to him by appeal from the deci- 
sion of the school trustees, and to notify the township 
treasurer, from whom the papers relating to the matter 
were received, of his decision of the matter. 

Fourteenth — To give notice of the election of school di- 
rectors in cases such as are provided for in section 9 of 
article 5 of this act. 

Fifteenth — To hold meetings, at least quarterly, for the 
examination of teachers, as provided for in section 7 of 
a.rticle 7 of this act. 

Sixteenth — To grant certificates of qualification to such 
persons as may be qualified to receive them, as provided 



28 SCHOOL, LAWS AND DECISIONS. 

for ill section 3 of article 7 of this act, and to keep a 
record of all teachers to whom such certificates have been 
granted, as provided for by section 4 of article 7 of this 
act and keep a record of all teachers employed in teaching 
in his county, (e) 

Seventeenth — To keep a just and true account of all 
moneys received and all moneys paid out on account of 
the "institute fund," and make report thereof to the county 
board, as provided for ih section 9 of article 7 of this act. 

Eighteenth — To present to the county board of the 
county, at the first regular meeting thereof, annually, the 
report required by section 3 of article 11 of this act. 

Nmeteenth — To notify presidents of boards of trustees 
and clerks of school districts, on or before September 30th, 
annually, of the amount of money paid by him to the 
township treasurer, and the date of such payments.* 

Twentieth— "To receive and file, on or before the fifteenth 
day of July preceding each regular session of the general 
assembly, and at such other times as may be required by 
the state or county superintendent, a statement from the 
board of trustees of each township giving such statistics 
and information as may be called for. 

(a) Relation to Normal Schools and State University. 
The county superintendent can learn of the duty imposed 
upon him by this clause of the law by consultation with 
the presidents of the institutions therein named. 

(b) Supervision of Schools— Time for Same. The first 
part of this section enjoins upon the county superintend- 
ent a careful supervision of the public schools of his 
county. In counties having more than one hundred schools, 
he has all his time for his official work, with but this re- 
striction, which apphes as well to county superintendents 
in counties with a smaller number of schools, that half 
the time given to his official work must be spent in the 
supervision of ungraded schools. The term "ungraded 
school" is held to mean a school with but a single teacher, 
who has pupils of all degi'ees of advancement. The pur- 
pose in requiring so much time to be given to the country 
schools is to secure for them that which they need but have 
usually failed to receive. During the first, second and 
fourth quarters of the county superintendent's year he can 
easily spend more than half his time in visiting ungraded 
schools; but during the third quarter, he can spend little 

*Form No. 2. 



SCHOOL LAWS AND DECISIONS. 29 

or no time in that way in most parts of the state, for 
the country schools are not in session then. The county 
superintendent fully complies with the law if his bills for 
the four quarters, taken together, show that half the time 
charged for in them has been spent in the supervision of 
ungraded schools. Hence his bill for the third quarter 
should not be objected to by the county board even though 
it show that during the quarter he has not visited such 
schools at all, provided it is apparent, when the bill is 
considered, that by the close of the jesbv the county super- 
intendent will have done, for the whole year, what the law 
requires of him in respect to visitation of ungraded schools. 

(c) 1. Importance of - Superintendenf s Duties. The 
chief duties are not to sell school land and apportion 
school moneys, but to visit schools; to study their methods 
of instruction, discipline and government; to instruct in 
the science, art and methods of teaching; to be the ad- 
visor and assista,nt of school officers and teachers; to pro- 
mote the formation of teachers' institutes; and to labor 
in every practicable way to elevate the standard of teach- 
ing, and to improve the condition of the common schools 
of his county. 

2. Necessity for Good Men. The county superintendents 
should be the prompt, efficient and reliable agents through 
whom the state superintendent may at all times com- 
municate with the schools of the state and carry out his 
plans for their improvement; they should be the ready and 
constant advisers of teachers, directors and township offi- 
cers; counseling them in their duties, relieving them in 
their perplexities, assisting them in their records and in 
all the business details pertaining to the schools. They 
should be active and efficient helpers in preparing for, or- 
ganizing and conducting teachers' institutes, and in bring- 
ing the people to see the necessity of thorough teachers 
and sound principles ahd methods of instruction. 

The idea that this work can be properly done by any 
man in connection with or in addition to any other regu- 
lar profession or employment, is absurd; the mere business 
and financial matters connected with the schools may be 
attended to by a person engaged in other pursuits, but to 



30 SCHOOL LAWS AND DECISIONS. 

speak of this as school supervision would be a strange 
perversion of language. 

The visitations of the superintendent should be conducted 
with a definite plan and aim. and the results carefully noted 
and preserved. He should always aim, at some positive, 
practical good to the school ; he must know how and what 
to observe, and how and what to speak. 

In order to form a just opinion of the real condition of 
the school visited, the ordinary routine of the exercises 
should not be disturbed or suspended, and the visit should 
not be less than two or three hours, if practicable. 

4. Superintendent's Discretion— County Board's Author- 
ity. The law makes the superintendent himself the judge 
as to how often it may be expedient and practicable for 
for him to visit any particular school or schools. His 
visits should be as frequent as the interests of each school 
seem, in his judgment, to require, and no more. And for 
exercise of his best judgment and discretion in the matter, 
he can not be called to account. The law imposes upon 
him the duty, and duty implies right. His honest acts in 
the visitation of schools can not be inquired into by the 
county board, and payment for the service refused, except 
that the board may inquire whether or not he has spent, 
as required, one-half the time given to his office in visiting 
ungraded schools. To justify such a ]3roceeding on the 
part of the county authorities there must be a palpable 
case made out, showing corruption or fraud, or a gross 
perversion or violation of the intent and spirit of the law 
by the county superintendent. A county court or board 
of supervisors, can not dictate to a county superintendent 
in respect to the number, duration, or necessity of his 
school visitations. They may remove him from office "for 
any palpable violation of law, or omission of duty," but 
in the absence of any such palpable dereliction, they can 
not, in any manner, molest, restrict, or interfere with him 
in the discharge of his official duties; and any oi'der or 
resolution to that effect, would be of no force or obligation. 
Nor is a county superintendent to be governed, in visiting- 
schools, by the wishes Or opinions of the directors or in- 
habitants of the respective districts. While a request to 



SCHOOL LAWS AND DECISIONS, 31 

visit a particular school would be an additional reason 
for doing so, a request not to visit, or silent indifference 
on the part of the directors and people of a particular dis- 
trict, would be no reason or justification for neglecting to 
visit that school — but rather the contrary. The superin- 
tendent is the judge of his own actions in the premises, 
and will visit when, where, and as frequently as he thinks duty 
requires, regardless of the assent or dissent, the request or 
protest, of either the county authorities or the people of 
the respectfve districts— subject only to the penalties pre- 
scribed for violation of law or omission of duty. 

As to the time that should be spent in each school visited, 
that also is left to the best judgment of the county super- 
intendent, and he must be governed in each case by the 
particular circumstances and condition of the school visited 
keeping in mind the requirements of the act. It is obvious 
that it will require a longer stay and a closer investigation 
to ascertain the condition and needs of some schools, than 
it will of others, and no one but the county superintend- 
ent himself can decide what the duration of the visit in 
each case should be. If it were worth while to make a 
general suggestion on the subject, I would say that a visit 
of less than three hours, or one-half of a school-day, would 
not be likely to be of much use. 

5. Superintendent may not be a Teacher or City Super- 
intendent. The multiplicity and the character of the duties 
imposed upon the county superintendent of schools by this 
section are such that he cannot discharge them, and, at 
the same time, act as a teacher or as superintendent of a 
city schools; and it is held that an attempt to do this is 
a violation of law. 

(c/) 1. Examination of Treasurers' Books, etc. Inas- 
much as the law has required the county superintendent to 
examine each treasurer's books and papers since 1879, it is 
assumed that this duty has been pereformed annually, and 
that the aggregate of the township fund and of other funds 
shown at the date of the last examination can be taken as 
a starting point for the next. The examination wdll natur- 
ally begin with the township fund and should be directed 
to ascertaining whether the fund still remains as it was, or 



32 SCHOOL LAWS AND DECISIONS. 

what additions it has received, or what losses, if -any, it 
has suffered. Then the loans should be looked into, to as- 
certain w^hether the paj^ers are in due form and whether 
the law has been complied with in making the loans. He 
is also to see that the security for each loan is sufficient. 
Taking up next the fund held for distribution, he should 
note whether the treasurer has charged himself with the 
proper amounts received as income of the township fund, 
and from himself, the county superintendent, on apportion- 
ment. He should see that the account is balanced by the 
expenditures, as shown by vouchers, distribution by the 
trustees, and cash on hand. In the account of each district 
he must note whether the amount distributed to it by the 
trustees has been passed to its credit, and whether the 
amount from taxes agrees with that shown in the office 
of the county treasurer. Keceipts from bonds and other 
sources should be traced so far as practicable. For all ex- 
penditures in behalf of districts, the orders paid should be 
called for. In aU the accounts the cash which should be 
on hand must be verified by the county superintendent. 
In a word, the county superintendent, in making this ex- 
amination, is to make it thoroughly, taking nothing for 
granted; the sole object being to ascertain whether the 
funds are each of them intact, whether the law has been 
complied with in handling them, and whether the accounts 
are accurately and intelligently kept. That the work i» 
one of great importance need not be said. 

May not be a, Township Treasurer. The offices of county 
superintendent of schools and township school treasurer 
are plainly incompatible, and the same person may not 
lawfully hold both at the same time. 

(e) Record of Teachers. Keeping a record of all teachers 
employed in teaching in the county is now first required. 

20. Official powers. § 14. The said county superin- 
tendent shall have power— 

First — To require the board of trustees of each township 
in his county to make at any time he may desire, the re- 
port provided for in section 28 of article 3 of this act. 



SCHOOL LAWS AND DECISIONS. 33 

Second— To recommend to the state superintendent the 
remission of the penalty provided for a failure by the trust- 
ees of schools to make the reports provided for by law. (a) 

Third— To renew teachers' certificates at their expiration 
by his endorsement thereon, (b) 

Fourth — To revoke the certificate of any teacher for im- 
morality, incompetency or other just cause, (b) 

Fifth — To direct in what manner township treasurers 
shall keep their books and accounts. 

Sixth— To bring suit against the county collector for a 
failure to pay state auditor's warrant, as provided for in 
section 5 of article 12 of this act. 

Seventh — To remove any school director from ofiBce for 
a willful failure to perform the duties of his office, (c) 

Eighth — To lease and sell real estate in cases provided 
for in section 26 of article 13 of this act, in the manner 
therein specified. 

(a) Remission of Penalty. See 5, Fourth. 

ib) Renewal and Revocation of Certificates. See 187, 
Notes 6 and 7. 

(c) Removal of a Director. Any director failing to per- 
form his duties, as director, under this act, may be re- 
moved by the county superintendent, and a new election 
ordered, as in other cases of vacancy. A willful refusal to 
sign a contract made with a teacher, or to accept and file 
it-, or to draw orders for a teacher's pay during the cur- 
rency of the contract, and an obstinate neglect to furnish 
necessary school house supplies may be taken into account 
in proceedings for a removal. Nothing is more likely to 
injure schools than meanness and unfairness in dealing with 
teachers. [Geddes v. Thomastown, 46 Mich., 316.] 

Before proceeding to remove him, due notice must be given 
the delinquent director, so that he may have an oppor- 
tunity to avoid removal by attention to his duties. If 
there is continued failure, the superintendent will inform the 
delinquent director, in writing, of his removal from oflftce, 
and also file with the township treasurer a written notice 
of the same. It will then be the duty of the remaining 
directors to order an election to fill the vacancy. The 
remedy is a harsh one, and the county superintendent 
should not resort to it unless the exigencies of the case 
plainly demand an exercise of this power. 



34 SCHOOL LAWS AND DECISIONS. 

21. Funds of land sales— Loans. § 15. The said 
county superintendent shall provide three well bound 
books, which shall be paid for from the county treasury. 
These books shall be known and designated by the letters 
A, B, C for the following purposes: In book "A" he shall 
record at length all petitions presented to him for the sale 
of common school lands, and the plats and certificates of 
valuation made by or under the direction of the trustees 
of schools, and the affidavits in relation to the same. In 
book "B" he shall keep an account of all sales of common 
school lands, which account shall contain the date of sale 
name of purchaser, description of land sold and the sum 
sold for. In book "C" he shall keep a regular account of 
all moneys received for lands sold otherwise, and loaned or 
paid out; the persons from whom received and on what 
account, and showing whether it is principal or interest; 
the person to whom loaned, the time for which the loan 
was made, the rate of interest, the names of the securities 
when personal security is taken, or if real estate is taken 
as security, a description of the real estate; and if paid 
out, to whom, when and on what account and the amount 
paid out; the list of sales, and the account of each town- 
ship fund to be kept separate. 

Records of Land Sales. The first part of this section re- 
lates to the sales of sixteenth section lands, and loaning 
the moneys received on account of such sales. Since, how- 
ever, all these lands have been sold, excepting a few acres, 
and the funds turned over to the township treasurers, the 
topic will be passed with the suggestion that the books 
named should be carefully preserved; for the transactions 
recorded in them are essential links in the titles of these 
school lands, and sometimes no other record exists of what 
these books contain. 

22. Report to county board. § 16. The county super- 
intendent shall report, in w^riting, to the county board, at 
their regular meeting in September of each year giving 
first, the balance on hand at the time of the last report 
and a statement in detail of all receipts since that date, 
and the sources from which they were derived; second, the 
amount paid for expenses; third, the amount of his com- 
missions; fourth, the amount distributed to each of the 
township treasurers in his county; fifth, any balance on 
hand. He shall also present for inspection at the same 
time his books and vouchers for all expenditures, and all 
notes or other evidences of indebtedness which he holds 



SCHOOL LAWS AND DECISIONS. 35 

ofScially, Avith the securities of the same; and he shall give 
in writing a statement of the condition of the county fund, 
of the institute fund, and of any township funds of which 
he may have the custody. 

1. Report relates to What. The county superintendent 
holds no longer any township funds; so the report he is 
required to make by this section includes, at most, but two 
things: (1) The account of moneys received for distribu- 
tion to the townships, which may be called the "distribu- 
table fund," and (2) the condition of the county fund, 
which is found in some seventy counties. 

2. The Distributable Fund. The distributable fund con- 
sists (aside from any balance) of (1) the amount received 
on the auditor's warrant; (2) receipts from fines and for- 
feitures; (3) income of county fund, if the county has such 
a fund. The only lawful disbursements from this fund are 
(1) to township treasurers; (2) to county superintendents, 
two per cent, commission on the amount paid township 
treasurers (on the amount paid, not on the whole fund), 
and on amounts loaned, and (3) to pay for advertising 
the times and places of examining teachers. It is so pro- 
vided in sections 17, 26, 27 and 191. The report should 
show in detail the receipts and expenditures and the evi- 
dences of balances on hand. 

3. The County Fund. The report of the county fund 
should state its amount, how it is invested, and the condi- 
tion of the several loans, and there should be an exhibit of 
the securities held and of the cash on hand. 

4. Other Reports. The reports called for by this section 
have no connection with the quarterly bills for services 
accompanied by detailed statements thereof, which county 
superintendents render for approval and transmittal to the 
state auditor; nor have they anything to do with the bills 
for office expenses, etc., incurred under section 12 by 
authority of the county board, and presented for audit 
and payment from the county treasury. 

5. The Institute Fund. A statement of this fund, col- 
lected and expended under 192 and 193, must be a part 
of the superintendent's report to the county board. 



36 SCHOOL LAWS AND DECISIONS. 

23. Statistical report. § 17. On or before the fifteenth 
clay of August before each regular session of the general 
assembly of this state, or annually, if so required by the 
state superintendent of public instruction, the county super- 
intendent shall communicate to said state superintendent 
all such information and statistics upon the subject of 
schools in his said county as the said state superintendent 
is bound to embody in his report to the governor, and 
such other information as the state superintendent shall 
require. 

1. Reports. One of the most important duties of county 
superintendents is the preparation of full and careful re- 
ports, showing the progress and condition of the public 
schools in their respective counties. Upon the completeness 
and accuracy of the county reports depend the fullness and 
value of the biennial report to the governor, and upon that 
report the people of this and other states rely for their 
knowledge of the condition of public education in Illinois, 
and the legislature, for the data by which to estimate the 
character of the results achieved, and the legislation neces- 
sary to the further improvement and development of the 
whole system. 

I wish I could impress upon school officers the vast im- 
portance of well digested, consistent and thoroughly trust- 
worthy statistical and general educational reports. It is 
certain that many consider the elaboration and tabulation 
of school reports as little better than useless drudgery — to 
be performed because required by law, but as of little 
practical value. And, hence, it can not be denied that this 
duty is more neglected, or more carelessly performed, than 
any other connected with our system. I speak in general 
terms, for there have always been some whose reports 
have reflected honor upon themselves and the state. 

The first requsite of a statistical report is truth. Let 
the facts appear just as they are, whether they show pro- 
gress or retrogression. It is folly to exaggerate facts in 
order to save the pride of the community, or to make 
actual decline appear as advancement. It is more than 
folly, because it does injustice to those whose bona tide 
progress is made to suffer by comparison with fictitious 
progress and because it misleads and deludes the public 



schooij laws and decisions. 37 

mind. Consistency, fullness of details, discriminating accu- 
racy, close observation, neatness and punctuality, are also 
indispensable in good school reports. Such reports require 
a great deal of time, and thought and patience; but they 
are worth something when you get them. I have spoken 
of the necessity of school reports. They are absolutely 
essential — they are the Avay-marks of progress. No system 
of schools, or anything else, can dispense with such peri- 
odical exhibits of its operations. 

2. Penalty for Failure or Refusal to report. For refusal 
or neglect to render such reports, at the time and in the 
manner required by law, county superintendents are liable 
to removal from office; since the refusal or neglect would 
be a palpable omission of duty [13]. They are also liable 
to a fine of twenty-five dollars for each default in making 
such report [284]; should the county suffer loss thereby 
[5, nintli], the superintendent would be liable therefor on 
his bond, and he may lose his pay. 

24. Trustees negligent. § 18. In all cases where the 
township board of trustees of any township shall fail to 
prepare and forward, or cause to be prepared and for- 
warded, to the county superintendent the information and 
statistics required of them in this act, it shall be the duty 
of the said county superintendent to employ a competent 
person to take the enumeration and furnish such statistical 
statement, as far as practical, to the superintendent; and 
such person so employed shall have free access to the 
books and papers of said township to enable him to make 
such statement; and the township treasurer, or other officer 
or person in whose custody such books and papers may 
be, shall permit such person to examine such books and 
papers at such times and places as such person may desire 
for the purposes aforesaid; and the said county superin- 
tendent shall allow, and pay to the person so employed by 
him, for the services, such amount as he may judge reason- 
able out of any money which is or may come into said 
superintendent's hands, apportioned as the share of or 
belonging to such township; and the said county superin- 
tendent shall proceed to recover and collect the amount so 
allowed or paid for such services, in a civil action before 
any justice of the peace in the county, or before any court 
having jurisdiction, in the name of the People of the State 
of Ilhnois, of and against the trustees of schools of said 
township, in their individual capacity; and in such suit or 



38 SCHOOL LAWS AND DECISIONS. 

suits the said county superintendent and township treasurer 
shall be competent witnesses; and the money so recovered, 
when collected, shall be paid over to the county superin- 
tendent for the benefit of said township, to replace the 
money taken as aforesaid. 

Reports not returned by Trustees. County superintend- 
ents must see that township reports are returned to them 
at the time and in the manner required by law. If imper- 
fect or erroneous reports are made, the^^ should be returned 
for correction, if the time will permit. If there is not time 
for the return of the reports for correction, or if the re- 
ports are sent back by the treasurer, still imperfect or 
erroneous, the superintendent should send an agent into 
the delinquent township, the same as if no reports had 
been returned. 

26. Approval of treasurers' bonds. § 19. Whenever 
the bond of any township treasurer approved by the board 
of trustees of schools, as required by law^, shall be dehvered 
to the county superintendent, he shall carefully examine 
the same, and if the instrument is found in all respects to 
be according to law, and the securities good and sufficient, 
he shall endorse his approval thereon, have it recorded in 
the circuit clerk's office, and file the same with the papers 
of his office; but, if said bond is in any respect defective, 
or if the penalty is insufficient, he shall return it for cor- 
rection. When the bond shall have been duly received and 
filed, the superintendent shall, on demand, deliver to said 
township treasurer a written statement certifying that his 
bond has been approved and filed, and that said township 
treasurer is entitled to the care and custody, on demand, 
of all moneys, bonds, mortgages, notes and securities, and 
all books, papers and property of every descripton belong- 
ing to said township, 

1. Approval of Treasurers' Bonds. The object of this 
section is to throw further safeguards around the township 
funds, by requiring a close scrutiny of the bonds of town- 
ship treasurers, on the part of county superintendents. 
For lack of such scrutiny many townships have suffered 
heavy losses; and there is reason to fear that some bonds 
now on file are worthless by reason of fatal defects of form, 
or failure of renewal for a term of years, and the conse- 
quent present insufficiency of the securities. It is true that 
the duty of passing upon the sufficiency of the township 



•SCHOOL LAAVS AND DECISIONS. 39 

treasurer's securities, and of approving his bond, rests by 
law, primarily, upon the board of trustees, and that the 
penal consequences of neglect fall chieflj^ upon them. But 
it is plain from the language of this section, that it is the 
intention of the legislature to require great vigilance on 
the part of the county superintendents, as an additional 
safeguard for the funds of the to\Ynships. Hence, if a bond 
is "in any respect defective," they must "return it for cor- 
rection." Their duty is not fulfilled by simply acting as 
custodians of the bonds of township treasurers, and accept- 
ing, without investigation, all that are presented, provided 
only that they are approved by the requisite number of 
trustees. They must closely examine every instrument, to 
see that it is in strict conformity with the law; that it is 
duly renewed every two years, and, as far as practicable, 
that "the securities are good and sufficient." And until 
the bonds are purged of all defects, they must refuse to 
pay over the funds or to deliver up the papers, etc., to the 
township treasurers concerned. When a bond is perfected, 
according to law and to the requirements of the county 
superintendent, and not before, that officer will "indorse 
his approval thereon, and file the same with the papers of 
his office." He should insist that the bond be in the form 
prescribed in 99, which also gives the superintendent the 
power to call for additional security whenever he finds that 
the bond has become insufficient, and this power imposes a 
corresponding duty of keeping well informed as to the con- 
dition of each bond on file in his office. The provision for 
record of the bond in the circuit clerk's office is new. 

26. Apportionment and payment of school funds. 
§ 20. Upon the receipt of the amount due upon the audi- 
tor's warrant the county superintendent shall apportion 
said amount, also the interest on the county fund and the 
fines and forfeitures, to the several townships and parts of 
townships in his county, in which townships or parts of 
townships schools have been kept in accordance with the 
provisions of this act, and with the instructions of the 
state and county superintendents, according to the number 
of children, under twenty-one years of age, returned to 
him, and shall pay over the distributive share belonging 
to each township and fractional township, to the respective 
township treasurers, or other authorized person annually; 



40 SCHOOL LAWS AND DECISIONS. 

"^ Provided, that no part of the state, county or other 
school fund shall be paid to any township treasurer or 
other person authorized by said treasurer, unless said 
township treasurer has filed his bond, as required by sec- 
tion 1 of article 4 of this act, nor in case said treasurer is 
re-appointed by the trustees, unless he shall have renewed 
his bond and filed the same as aforesaid. 

1. Conditions of Apportionment. The condition upon 
which a township may share in the apportionment of 
funds made by the county superintendent, is that it has 
had during the year ending June 30th, preceding the 
distribution, at least one school kept within its limits in 
accordance with the law. What this term, "in accordance 
with law," means in this connection is considered under 
65, note (c). Townships and parts of townships, in which 
no schools have been kept according to law, can not share 
in the distribution of the school fund. But, if a single 
school of a township has been kept a,s the law requires, 
that township is entitled to the benefit of the school fund. 
Where a township is divided by a county line, leaving one 
or more districts on each side of said line, the treasurer 
of such township is entitled to funds from each superintend- 
ent, provided that schools have been kept according to 
law in each fraction of the township; but not otherwise. 
If the district or districts in the part of the township lying 
in one county, have complied with the provisions of the 
law, while the district or districts of the township which 
lie in the other county, have not so complied, then the 
treasurer is entitled to funds from the superintendent of 
the former county, but not from the superintendent of the 
latter county. Another condition of sharing in the distri- 
btution is that the trustees have made the annual report 
to the county superintendent as required by 67. See the 
last sentence of that section. Failure to satisfy either of 
these conditions causes a forfeiture of the fund by the town- 
ship failing (the state superintendent may remit the forfeit- 
ure on account of a failure to report [5, fourth]), and the 
county superintendent must in such a case apportion the 
whole distributable fund to the other townships. \_Pace v. 
People, 4.1 111.; 321.] 

*rorinNo. 3. 



SCHOOL LAWS AND DECISIONS. 41 

2. Basis of Apportionment. The basis of tlis apportion- 
ment is the number of persons under twenty-one years of 
age according- to the returns of the school census received 
by the county superintendent. Oificial census returns must 
be received, unless known to be false and fraudulent, in 
which case they may be rejected and the funds withheld 
until true returns are made; or, the latest correct returns 
on file may be taken as the basis, as aforesaid. 

3. Conditions ofPaynidnt. But the county superintend- 
ent, after making the apportionment to anj'- township 
must not XJay over the mone}^ to the treasurer unless he 
has fully complied with the law in regard to his bond. The 
provisions of the law on this subject may be summed up 
as follows: 

(1) Every township treasurer, before entering upon his 
duties, must execute a bond. 

(2) If a treasurer serve two years and is re-appointed, 
he must execute a new bond. 

(3) If a treasurer resign, or is removed, and a new one 
is appointed, he must execute a bond. 

(4) Every bond must have at least two responsible free- 
holders as securities, which securities shall not be members 
of the board of trustees. 

(5) Every bond must be approved and accepted by at 
least two members of the board of trustees. 

(6) The penalty of everj^ bond must be a least twice the 
amount of the moneys, notes, mortgages and effects, in 
the custody, or to be in the custody, of the township 
treasurer. 

(7) Every township treasurer's bond must be in the 
form prescribed by law. [99.] 

A reference to the above points will enable any county 
superintendent to determine readily and surely the char- 
acter and condition of every bond on file in his ofiice, or 
that may be delivered to him, and to govern himself 
accordingly. 

But the fact that a township does not have a duly quali- 
fied treasurer at the time when the apportionment is made 
by the county superintendent, does not make it the duty 
—3 



42 SCHOOL LAWS AND DECISIONS. 

of the county superintendent to omit the township in the 
distribution. He must include such township and appor- 
tion to it its share, but hold the money until the township 
has a duly qualified treasurer to whom it may be lawfully 
paid. That is, this provision of the law is not a penalty 
to be enforced, but a means for the protection of both the 
county superintendent and the township, so that neither 
may suffer loss through a payment to an irresponsible 
person. 

4. Township Treasurers to Call for Funds. It is the 
duty of township treasurers to C£ill upon the county super- 
intendent for the funds due their respective townships, upon 
being duly notified that the same are ready for distribu- 
tion. 

27. Loans of county fund. § 21. The county super- 
intendent may loan any money, not interest, belonging to 
the county fund, or to any township fund before the same 
is called for, according to law, by the townshixj treasurer, 
at the same rate of interest, upon the same security and 
for the same length of time as is provided by this act in 
relation to the township treasurers, and apportion the in- 
terest as provided in the preceding section ; and notes and 
mortgages taken in the name of the "county superintend- 
ent" of the proper county are hereb}^ declared to be as 
valid as if taken in the name of "trustees of schools" of 
the proper township, and suits may be brought in the 
name of "county superintendents," on all notes and mort- 
gages heretofore or hereafter made payable to the county 
superintendents. 

Loans — Securities. When the county superintendent sells 
sixteenth section lands for any school township he may 
loan the purchase money to the buyer [267], taking a 
note and mortgage running to the "county superintendent"; 
or if the purchase money is paid in, he may loan it, if he 
have opportunity to do so before it is called for by the 
township treasurer, taking papers running -to the "county 
superintendent." The last part of the section makes such 
papers of the same vahdity as if taken in the name of the 
"trustees of schools" who have been made the corporate 
school oflicers for the school town-hips. [33] 

28. Controversies— Appeal to state superintendent. 
§22. In all controversies arising under the school law, 



SCHOOL LAWS AND DECISIONS. 



43 



the opinion and advice of the county superintendent shall 
fii'st be songht, whence appeal may be taken to the state 
superintendent of public instruction upon a written state- 
ment of facts certified by the county superintendent.* 

See 4, note (e). 

29. Delivery to successor. § 23. The county super- 
intendent, upon his removal or resignation, or at the ex- 
piration of his term of office (or in case of his death his 
representatives) shall deliver over to his successor in office 
on demand, all moneys, books, papers and personal prop- 
erty belonging to the office or subject to the control or 
disposition of the county superintendent. 

Records, etc., to be turned over to Successor. The books 
and papers named should include all the official records of 
the office, books of account, vouchers, treasurers' reports, 
duplicate county superintendents' reports and office copies 
of the state superintendents' reports; also such other books 
as may have been purchased or donated for office use, and 
all correspondence of an official character and permanent 
value. The official accounts, records, etc., should be care- 
fully written up to the close of the term and all balances 
stated, so that the incoming officer may readily see the 
condition of each fund and of all official business. No feel- 
ing of disappointment over a failure of re-election, or of 
jealousy of a successful opponent, and no lack of interest 
in an office to be vacated, will lead a right-thinking man 
to close up his official work otherwise than in a creditable 
way. [Sec. 216, Chap. 38, Bev. Statutes.] 



AKTICLE 3. 

TOWNSfflPS— TRUSTEES OF SCHOOLS. 



§ 1. School township. 

§ 2. Fractional townships consolidated 

§ 3. School business of the township. 

S 4. Trustees a body pohtic. 

§ 5. Annual election.. 

§ 6. Term of office. 

§ 7. Age, residence and eligibility. 

§ 8. Notice of election, and form of 

election notice. 
§ 9. Election in certain cases to be 

held on any Saturday, and notice 

to be given by county clerk. 
§ 10. Trustees draw lots for their 

terms of office in certain cases. 
§ n. Judges of election. 
S 12. Ouahfication of voters. 



13. 



S 14. 
§15. 

§ 16. 
§ 17. 
§18, 



§ 19. 



Conduct of elections; contesting 
elections; polls may be closed 
at 4 p, m. 

Judges may i^ostpone election. 

County superintendent to order 
election. 

Vacancies. 

Tie at an election. 

More than one polling place: 
canvassing the returns and mak- 
ing out a certificate, 

Election when township is same 
as town. 

Poll book; failure to deUver the 
same. 



I'oim No. 6. 



44 



SCHOOL LAWS AND DECISIONS. 



§ 21. County clerks to furnish list of 
trustees elected at town meet- 
ings. 

§ 22. Organization; appointment of 
president and treasurer. 

§ 23. Term of office of president and 
treasurer; their removal. 

§ 2i. Eecord of proceedings. 

§ 25. Meetings of trustees and quorum 

§ 26. Distribution to districts; basis of 

§ 27. Funds placed to the credit of 
districts. 

§ 28. Keport to county superintendent; 
items; forfeiture for failure to 
report. 

§ 29. Separate enumeration; statistics 
not divisible. 

§ 30. Examination of township treas- 
urer's books, etc., by trustees. 

§ 31. Gifts, grants, etc. ; title of school 
houses. 

§ 32. Sale of school house; form of 
notice ot sale. 

§ 33. Conveyances of real estate; how 
made. 

§ 34. Township treasurer custodian of 
bonds; power to remove or sue 
that official. 

§ 35. Power to purchase real estate in 
satisfaction of judgments. 

§ 36. Power to make settlements, 

§ 37. Power to lease land, or sell at 
public auction, 

§ 38. Township high school, and form 
of notice for high school elec- 
tion. 

§ 39. Ballots for high school election; 

§ 40. Election for members of town- 
ship board of education; term 
of office; vacancies; organiza- 
tion of the boai d, and establish- 
ment of the school. 

§ 41. Powers of township board of 
education. 



§ 42. Parts of two or more townships 
may join in establishing a high 
school. 

§ 43. Discontinuance of township high 
school. 

§ 44. Canvass of ballots, and disposi- 
tion of assets. 

§ 45. Interest in school books; penal- 
ties. 

§ 46. Districts in newly organized 
townships. 

§ 47. Changes in district boundaries. 

§ 48. Who may petition. 

§ 49. Vote in districts with 1,000 or 
more inhabitants. 

§50. Filing of the petition; ' otice <o 
the districts and form of notice. 

§ 51. Territory lying in two or more 
townships. 

§ 52, Adjournment of the board. 

§ 53. Acting upon the petition. 

§ .54. Appeal and form of notice. 

§ 55. Clerks transmit papers to the 
county superintendent. 

§ 56. Appeal in case of territory divided 
by county lines. 

§ 67. Filing map and list of tax-payers 

§ 58. District with a bonded debt, 

§ 59. Election in new districts and form 
of notice. 

§ 60. Conduct of election. 

§ 61. Organization of board. 

§ 62. Election in districts organized 
by action of the county super- 
intendent. 

§ 63. Distribution of funds. 

§ 64. Appraisement of property. 

§ 65. Liability of trustees in reference 
to distribution of funds. 

§ 66. LiabiUty of clerk. 

§ 67. District faihng to have school 
for two years. 

§ 68. Dissolution of union district. 

§ 69. Successors to trustees of school 
lands. 



30. School township. Section 1. Each congressional 
township is hereby established a township for school pur- 
poses. 

1. No Connection with Civil Towns. Except as pro vided 
in this section and in 250, alterations of school townships 
may not be made by the boards of trustees or by the 
voters resident in the territory concerned. The civil towns 
as established in "counties under township organization" 
having nothing to do with school townships. [Greenleaf 
V. Trustees, 22 111., 236.] 

2. Division of a township by legislature. If a part of 
a township is set off by the legislature to another town- 
ship, and no provision is made in the act for a division of 
the township fund, no division can be made. {People v. 
Trustees, 86 111., 613.] 

31. Fractional townships. §2. Whenever any frac- 
tional township contains less than forty persons under 



SCHOOL LAWS AND DECISIONS. 45 

twenty-one years of age, the trustees thereof, upon peti- 
tion of a majority of the adult inhabitants of such frac- 
tional township, may, by written ao-reement entered into 
with the board of trustees of any adjacent township, con- 
solidate the territory, school funds and other property of 
such fractional township with such adjacent township, "and 
thereafter shall cease to exercise the functions of school 
trustees for such fractional township; and such territory, 
school funds and other property, aforesaid, shall thereafter 
be managed by the board of trustees of such adjacent and 
consolidated township, in accordance with the terms of agree- 
ment aforesaid, in the same manner as is, or may be pro- 
vided by law, for the management of territor^^ funds 
and other property of school townships; Provided, that 
the said written agreement shall be duly signed by a major- 
ity of the said trustees and filed for record by the said 
trustees in the office of the county clerk of the county in 
which such consolidated township, or the greater part 
thereof, is situated. 

32. Business of school township. §3. The school 
business of the township shall be done by three trustees, 
to be elected by the legal voters of the township as here- 
inafter provided for. 

33. Trustees of school a body corporate and politic. 
§ 4. Said trustees shall be a body politic and corporate, 
by the name and style of "trustees of schools of township 

No range No......," according to the number. The said 

corporation shall have perpetual existence; shall have 
power to sue and be sued, to plead and be impleaded in 
all courts and places where judicial proceedings are had. 

Board of Trustees a Corporation — Its Purposes — Re- 
lations to the State. The board of trustees of schools 
created by this section is a quasi corporation, established 
for school purposes and no other, and deriving its powers 
solely from the statute. [People v. Trustees, 78 111., 136.] 
The relation of the state to the trustees is thus defined by 
the supreme court: No act of the general assembly has 
ever granted the title to the school property and fund irre- 
vocably to any body of persons. They have created cor- 
porate bodies to handle and control the fund for the use 
of the people, but that body has not parted with the 
power to control the fund in any mode they may choose 
for the use of schools. They could, if disposed, deprive 
those to whom its management is intrusted of the fund, 



46 SCHOOL LAWS AND DECISIONS. 

and intrust it to others. Whilst the increase of the fund 
should be expended in the support of schools, the manner 
or the agency employed may be at all times controlled or 
changed by the state at pleasure. The state is virtually a 
trustee of the fund for the use of the people, and the mu- 
nicipalities and officers are but the agencies employed by 
the state in executing its trust. [City of Chicago v. People 
80 111., 384.] 

34. Election of Trustees. § 5. The election of trust- 
ees of schools shall be on the second Saturday in April, 
annually. 

36. Term of Office. § 6. At the first regular election 
of trustees, after the passage of this act, a successor to 
the trustee, whose term of office then expires, shall be 
elected, and thereafter one trustee shall be elected annually. 
Said trustees shall continue in office three years, and until 
their successors are elected and enter upon the duties of 
their office. 

36. Eligibility. § 7. No person shall be ehgible to 
the office of trustee of schools unless twenty-one years of 
age, and a resident of the township. And where there are 
three or more school districts in any township, no two 
trustees shall reside, when elected, in the same school dis- 
trict, nor shall a person be eligible to the office of trustee 
of schools and school director at the same time. 

1. Eligibility. It is provided in that school treasurer 
may not be either a trustee or a director. [51.] When a 
part of a township has been made a special district, and 
so excluded from the jurisdiction of the trustees of schools 
it has been held by a circuit court that the voters of that 
district could not vote for school trustees of the township. 
But, even in such a case, a resident of the special district 
is eligible to the office of trustee, for he is a resident 
of the township; the treasurer, also, may be resident of 
the special district. 

That a man may vote at a township school election, 
one requisite is that he must have been a resident of the 
state one year next prior to the election. He must have 
the same qualification to be elected trustee; and, in addi- 
tion, he must be, bona, fide, a resident of the township at 
the time of the election. But residence in the township 
for thirty days prior thereto, and for ninety days in the 



SCHOOL LAWS AND DECISIONS. 47 

county, are not conditions of eligibility to the office, as 
they are of voting. 

2. Office not vacated. A trustee does not vacate his 
office by moving, after his election, into a district in which 
another trustee resides. 

3. May be a Teacher. The school trustee may be a 
teacher in his township; the two positions are not incom- 
patible. 

4. A Borrower of Township Funds is Eligible. A bor- 
rower of the township school fund is eligible to the office 
of trustee; but see 101, note 7. 

37. Notice of Election. § 8. Notice of the election of 
school trustee shall be given by the township treasurer, 
upon the order of the trustees of schools; by posting notices 
of such election, at least ten days previous to the time of 
such election, in not less than five of the most public places 
in said township, which notices shall specify the time and 
place of election and the object thereof, and may be in the 
following form, viz: 

Public notice is hereby given that on Saturday, the day of April, A. D. 

, an election will be held at between the hours of and 

of said day, for the purpose of electing school trustee for township No 

, range No By order of the board of trustees of said township. 



Signed Township Treasurer 

Time and Place of Election— Notice. The time and the 
place of an election are essential matters, and inasmuch 
as the law, while naming the day for the election, does not 
fix the time during the day definitely, and in no way de- 
termines the place, a notice which shall name with exact- 
ness both the time and the place is a condition precedent 
of a valid election of a school trustee. The day of post- 
ing the notices, but not the day of the election, may be 
counted to make the ten days, during w^hich the notices 
must be up, prior to the election. 

The notice must state what is to be done at the election. 

38. First election. § 9. In townships where no election 
for school trustees has heretofore been held, or in townships 
where, from any cause, there are no trustees of schools, 
the election of trustees of schools may be holden on any 
Saturday, notice thereof being given as required by section 
8 of this article. The first election in such townships shall 
be ordered by the county clerk of the county, who shall 
cause notice to be given as aforesaid. 



48 SCHOOL LAWS AND DECISIONS. 

39. Subsequent elections. § 10. In case of an elec- 
tion held, as required by the preceding section, the trust- 
ees elected, at their first meeting, shall draw lots for their 
respective terms of office for one, two and three years; and 
thereafter one trustee shall be elected annually, at the 
usual time for electing trustees, to fill the vacancy occur- 
ring. At all elections after said first election, the said notice 
shall be given by the trustees of schools, through the 
township treasurer, as in other elections for trustees. 

40. Judges of election. § 11. The trustees of schools 
of incorporated townships present shall act as judges, and 
choose a person to act as clerk of said election. If the 
trustees (or any of them) shall fail to attend, or refuse to> 
act when present, the legal voters present shall choose 
from their own number such additional judges as may be 
necessary. In any township lying within the limits of a 
city, village or incorporated town, which has adopted the 
provisions of "An act regulating the holding of elections, 
and declaring the result thereof in cities, villages and in- 
corporated towns in this state," approved June 19, 1885, 
the said election shall be held under the provisions of said 
act. In unincorporated townships, the qualified voters 
present shall choose, from amongst themselves, the number 
of judges required to open and conduct said election. 

Judges and Clerks to he sworn — Not paid. That the 
election may be conducted in a lawful manner, the judges 
and clerk should be sworn. The oath may be administered 
by any justice or judge if present; if none is present the 
judges and clerk may administer the oath to each other. 
Neither the trustees acting as judges nor voters chosen to- 
act as judges receive any pay therefor. But see 311. 

41. Voters. § 12. No person shall vote at any school 
election held under the provisions of this act; unless he 
possesses the qualifications of a voter at a general election. 

1. Township a Toting Precinct. For the purposes of 
this election, the township constitutes a voting precinct^ 
and the general law" in regard to residence as a qualifica- 
tion of a voter applies — the year next prior to the election in 
the state, ninety days in the county and thirty days in 
the precinct. But when a township is divided by a county 
line, the state superintendent rjiles, with the approval of 
the attorney general, that a man does not lose his right 
to vote by moving across the county line, but not out of 
the township, within ninety days prior to the election. 



SCHOOL LAAYS AND DECISIONS. 49 

The same rule is applicable to elections in school districts 
lying in two counties. 

2. Residence of Voter. A permanent abode is necessary 
to constitute residence within the meaning of our election 
laws. But a residence is nt)t lost until a new one is acquired; 
and a removal for several months, when no new residence 
is acquired, is held not to forfeit residence for the purpose 
voting. IRev. Statutes, 111., § 66, chap. 46; Wilkins v. 
Marshall, 80 111., 74; City of Beardstown v. City of Virginia 
81 111., 541.] 

42. Conducting election. § 13. The time and manner 
of opening, conducting and closing said election, and the 
several liabilities appertaining to the judges and clerks and 
to the voters, separately and collectively, and the manner 
of contesting said election, shall be the same as prescribed 
by the general election laws of this state defining the man- 
ner of electing magistrates and constables, so far as appli- 
cable, subject to the provision of this act; Provided that 
said election may commence, if so specified in the notice^ 
at any hour between the hours of eight (8) o'clock a. m. 
and one (1) o'clock p. m., and the judges may close such 
election at four (4) o'clock p. m. 

1 . Voting by Ballot— Ballots must be Specific. The vot- 
ing must be by ballot. If there are two trustees to be 
elected, one for a full term and one to fill a vacancy, the 
ballots should show plainly which of the persons named 
thereon is to hold the full and which the short term. For 
example : 

"For full term, 
John Smith," 
"For short term, 
Henry Williams." 

Failing to make the ballots specific leads to confusion; 
for if there are two names on a ballot and neither is 
named far a particular term, the will of the voter can not 
be ascertained from the ballot. If the respective terms of 
office are not so designated on any of the ballots, then 
the judges may determine by lot, on the day of the elec- 
tion, which of the two men receiving the highest number 
of ballots shall take the long and which the short term. 
But if any the ballots cast are specific, they alone must 
be counted, to the exclusion of the others w^hich are not 



50 SCHOOL LAWS AND DECISIONS. 

specific; and the election must be given to the men receiv- 
ing the highest number of votes on ballots specifying the 
term on their face. 

2. Challenges— Rejec-bion of Votes. But the judges or 
voters may challenge the right to vote • of persons not 
known to be voters, and the person challenged must swear 
in his vote. The penalties for swearing in a vote illegally, 
or for voting illegally at a general election, apply also to 
the same offenses at a school election. 

Any judge or clerk of a school election who shall know- 
ingly admit any person to vote who is not qualified by 
law, is liable to punishment by fine, etc. But when a vote 
is tendered, and the voter, being challenged, complies with 
the requirements of the law in such cases made and pro- 
vided, the judges have no discretion, but must receive the 
vote, unless it is proved, to the satisfaction of a majority 
of the judges, that the voter has sworn falsely. [Spragins 
V. Houghton, 2 Scam., 377.] 

3. Making up the Return. The clerk of the election 
must keep a poll-book, and, when the judges and the clerk 
count the vote, they should make up a tally sheet and 
should set down in the poll-book the names of the candi- 
dates with the offices for which they received votes, record- 
ing the number of votes, and should certify to the same 
over their signatures. They should also publicly announce 
the result of the election. 

4. Highest Candidate Ineligible. If it should prove that 
the candidate who received the highest vote was ineligible, 
there must be a new election; the next highest candidate 
cannot take the office. 

5. Ballots more than Names — Reverse. If the number 
of ballots is greater than the number of names on the 
poll-book, the excess of ballots must be destroyed, as di- 
rected in the general election law. [§ 57, Chap. 46, Rev. 
Stat. 111.] The reverse sometimes happens. Where the 
names of the voters recorded by the clerk exceed the num- 
ber of ballots found in the box, the judges in that case 
should be governed by the ballots, and certify to the elec- 
tion of the man who received the highest vote. 



SCHOOL LAWS AND DECISIONS. 51 

6. When the Judges have adjourned. When the board 
of judges has discharged its functions and dissolved, it has 
ceased to exist, and the members can not come together 
and constitute the board again for the performance of 
omitted duties. If the board has adjourned leaving the 
election a tie, there must be a new election. 

7. Informalities in Elections. If an election is actually 
held on some other day than that fixed by law, or with 
some informality in the election, having been ordered and 
acquiesced in by the former ofiicers, the acts of officers so 
elected, holding their offices under color of right, are valid 
so far as third parties and the public are concerned, until 
the election is legally contested and set aside. A mere ir- 
regularitj^ in conducting an election, which deprives no 
legal voter of his vote, and does not change the result, 
does not invalidate an election. The legality of an elec- 
tion does not depend upon the declaration of the board 
of election; if such declaration is withheld, or not made 
through illegal causes, the office will vest nevertheless, for 
the authority, rights and powers of officers are derived 
from the election, and not from the returns. In contested 
elections, the intention of the voters in casting their bal- 
lots should control; and effect must be given to that in- 
tention. To defeat an election on the ground that the 
polls were not duly opened and closed, it must be shown 
that the irregularity affects enough votes to change the 
result of the election. [People v. Kilduff, 15 111., 492; Peo- 
ple V. Matteson, 17 111., 167; Piatt v. People, 29 111., 54.] 

8. Contest. A contest must be brought before the 
county judge, as provided in § 98, Chap. 46, Eev. Stat. 111., 
Elections. [Simons v. People, 18 111. App. (18 Brad.), 588.] 

43. Postponenient of election. § 14. If, upon any 
day appointed for the election of trustees of schools, the 
said trustees of schools or judges shall be of opinion that, 
on account of the small attendance of voters, the public 
good requires it, or if the majority of the voters present 
shall desire it, they shall postpone said election until the 
next Saturday, at the same place and hour; at which time 
and meeting the voters shall proceed as if it were not a 
postponed or adjourned meeting: Provided, that if notice 
shall not have been given of such election, as required by 
section 8 of this article, then and in that case said elec- 



52 SCHOOL LAWS AND DECISIONS. 

tion may be ordered as aforesaid, and holden on any other 
Saturday, notice thereof being given as aforesaid. 

Postponement. In order that the postponement of an 
election for a school trustee may be legally effected, either 
an adjournment must be made, on their own motion for 
cause, by the trustees acting, ex officio, as judges of the 
election, or by the judges chosen in their place by the 
voters, [40]; or it must be made by the judges at the re- 
quest of a majority of the voters present. That is, there 
must be a formal organization to conduct the election, and 
a subsequent formal adjournment. Informal action by 
voters present, without organization, will not preclude the 
voters who may go to the place of election, from organ- 
izing later in the day and holding a legal election; nor will 
it suffice to carry over the election to the next Saturday, 
so that a legal election may be held then. In case of an 
adjournment, the judges should post a notice of it at the 
place of meeting. [People v. Brewer, 20 111., 474.] 

44. Election called by county superintendent. §15. 
If the township treasurer shall fail or refuse to give notice 
of the regular election of trustees, as required by said 
section 8 of this article, and if, in case of a vacancy, the 
remaining trustee or trustees shall fail or refuse to order 
an election to fill such vacancy, as required by section 16 
of this article, then, and in each of such cases, it shall be 
the duty of the county superintendent to order an election 
of trustees to fill such vacancies as aforesaid; and all elec- 
tions so ordered and held shall be valid to all intents and 
purposes whatever. 

1. Province of County Superintendent in calling Elec- 
tions. When by failure of the proper officer to call an 
election it becomes the duty of the county superintendent 
to call it, all that is required of him is to post the notices 
of the election in the manner prescribed in the law. The 
election will then be held and conducted in the usual way. 

2. Election ordered by County Superintendent in Township 
in two Counties. In townships divided by county lines, 
the election may, if practicable, be ordered by the two su- 
perintendents jointly. If this can not be done, the election 
may be ordered by the superintendent of the county in 
which the sixteenth section of such township is situated. 



SCHOOL LAWS AND DECISIONS. 53 

The election can not be allowed to g'o by default througli 
supposed lack of jurisdiction on the part of the respective 
superintendents. The foregoing rule, in such emergeiK^ies, 
is sustained bj the principle recognized in the last clause 
of 58, and is the only perceivable mode of procedure in 
such cases. 

45. Vacancy. § 16. When a vacancy or vacancies 
shall occur in the board of trustees of schools, the remain- 
ing trustee or trustees shall order an election to fill such 
vacancy, upon any Saturday, notice to be given as re- 
quired b}'' said section 8 of this article. 

1. Resignation — Vacancies. Kegarding resignations and 
vacancies, sections 124 and 125, Eev. Stat. 111., have the 
following: 

"Resignations of elective offices shall be made to the 
officer, court or county board authorized by law to fill a 
vacancy in such office by appointment, or to order an 
•election to fill such vacancy. 

Every elective office shall become vacant on the happen- 
ing of either of the following events, before the expiration 
of the term of such office: 

First— Tl[ie death of the incumbent. 

Second— Ki^ resignation. 

Third— Km becoming insane. 

Fourth — His ceasing to be an inhabitant of the state; 
or, if the office is local, his ceasing to be an inhabitant of 
the district, county, town or precinct for which he was 
elected. 

Fifth — His conviction of an infamous crime, or of any 
offense involving a violation of official oath. 

Sixth — His removal from offi'ce. 

Seventh — His refusal or neglect to take his oath of office, 
or to give or renew his official bond, or to deposit or file 
such oath or bond within the time prescribed by law. \_As 
to official oath see 61, note 3.] 

Eighth — The decision of a competent tribunal declaring 
his election void." 

On filling vacancies, see 48, note. 

On resignation, see 14, note. 

2. Vacancies to be filled. It is provided in 35 that school 
trustees shall continue in office until others are elected and 
enter upon the duties of their office; but the last part of 
this section shows clearly that it is not the intention of 



54 SCHOOL LAWS AND DECISIONS. 

the law that they should "hold over." It is the purpose 
of the law that all vacancies in the board shall be promptly 
filled. 

46. Tie. § 17. In case of a tie vote at any election 
of trustees of schools, the election shall be determined by 
lot, on the day of the election, by judges thereof. 

Plurality — Tie. A plurality of votes elects; a tie vote 
must be settled by the judges on the day of the election, 
as provided in the next section. 

47. Two or more polling places. § 18. In townships 
where, for general elections, there are more than two (2) 
polling places, the trustees shall give notice that polls will 
be opened for such elections in at least two places; in which 
case at least one of said trustees shall attend at each of 
said places, and additional judges shall be chosen as pro- 
vided in section eleven (11) of this article; Provided, there 
shall be at least one polling place for each eight hundred 
legal voters in said township. Should the polling places 
be in excess of the number of trustees, then the voters at such 
polling places so in excess shall select from their number the 
requisite number of voters, who shall act as judges of said 
election in the manner provided by said section eleven (11) 
for the election of trustees in unincorporated townships. 
Said judges shall return the ballots and original poll-books, 
with a certificate thereon, showing the result of the elec- 
tion in said precinct, to the township treasurer of the 
township in which said election shall be held, whereupon it 
shall be the duty of the board of trustees of said town- 
ship, withi.! five days after said election, to meet and to 
canvass the returns from each precinct, to make out a 
certificate showing the number of votes cast for each per- 
son in each precinct, and in fche whole township, and shall 
file said certificate with the county superintendent of 
schools as otherwise provided by law. 

48. Election when school and civil townships are 
ide^ntical. § 19. In counties adopting township organi- 
zation, in each and every township whose boundaries coin- 
cide and are identical with those of the town, as estab- 
lished under the township organization laws, the trustee 
or trustees shall be elected at the same time and in the 
same manner as the town officers. In all such townships, if 
no trustees are elected at the stated town meeting, and 
when vacancies occur in the board, an election of trustee 
or trustees shall be ordered by the remaining trustee or 



SCHOOL LAWS AND DECISIONS. 55 

trustees of schools, tliroiift'h the township treasurer, as 
provided for in section nine (9) of this article. 

At Town Meeting. The election of a township trustee or 
trustees at the town meeting must be pursuant to notice 
by the town clerk and by the same ballots as the other 
officers.. A vacancy existing at the time of this election 
may be filled then. 

49. Filing poll-book— Penalty. § 20. Upon the elec- 
tion of trustees of schools, the judges of the election shall, 
within ten (10) days thereafter, cause a copy of the poll- 
book of said election to be delivered to the county super- 
intendent of the county, Avith a certificate thereon showing 
the election of said trustees and the names of the persons 
elected; which copj^ of the poll-book, with the certificate, 
shall be filed by said superintendent, and shall be evidence 
of such election.* For a failure to deliver said copy of the 
poll-book and certificate within the time prescribed, the 
judges shall be liable to a penalty of npt less than twenty- 
five dollars (|25) nor more than one hundred dollars ($100) 
to be recovered in the name of the People of the State of 
Illinois, by action of assumpsit, before any justice of the 
peace of the county; which penalty, when collected, shall 
be added to the township school fund of the township. 

1. Failure to make Return. A failure on the part of the 
judges to dehver a copy of the poll-book to the county 
superintendent, as required, makes the judges liable to the 
penalty prescribed for such failure; but it does not invali- 
date the election. The title to the office rests upon the 
fact of the election, not upon the fact that certain evi- 
dence of that election has been preserved in a certain way. 

2. Poll-hook is Evidence. The copy of the poll-book 
filed with the county superintendent is evidence of the election. 
But if it should be lost, other evidence may be taken to 
support the election; and the evidence of the poll-book 
even may be rebutted. 

3. The County Superintendent Custodian only of the 
Return. The return of the election is filed with the county 
superintendent, whose duty it is simply to receive it and 
keep it on file. He has no power to pass upon the return 
and reject it, or to declare the election void. He may 
point out any corrections needed in the return; but when 



Forms Nos. 8, 9 and. 10. 



56 SCHOOL LAWS AND DECISIOKS. 

the election has been held and some one declared elected, 
that person may enter upon his office, and a,ny questions 
as to the legality of his election must be settled by a con- 
test or by quo warranto proceedings, unless he consents 
that they be settled otherwise. 

50. Names given to county superintendent. § 21. 
When school trustees are elected at town meetings, as pro- 
vided in section nineteen (19) of this article, it shall be 
the duty of the county clerk, as soon as the list of the 
names of officers elected at the town meetings is filed with 
him, to give the county superintendent a list of the names 
of all school trustees elected at the town meetings of the 
county, and of the towns for which they are elected. 

51. Organization of board. § 22. Within ten days 
after the annual election of trustees the board shall organize 
by appointing one of their number president, and some 
person who shall not be a director or trustee, but who 
shall be a resident of the township, treasurer, if there be a 
vacancy in this office, who shall be, ex officio, clerk of the 
board. 

1. Organization. The duty of the trustees to meet with- 
in ten days after the election and effect an organization, so 
that the board may be ready for the transaction of any 
business, is clea,rly stated in the law; but the trustees do 
not, \)y neglecting this duty, vacate their offices, so that 
another election must be called to fill them. The trustees 
failing to meet and organize, as directed by the law, are 
liable to a fine therefor [284] ; but the organization may 
be made after the ten days have elapsed. 

2. Appointment of Treasurer. By amendment of this 
section, made in 1879, the treasurer's term of office was 
lengthened from one year to two years, and the time for 
the first, appointment, under the law as amended, was held 
to be at the meeting for organization after the election in 
April of 1880. It was also held that the term was fixed at 
two years; that the man appointed to fill a vacancy oc- 
curring any time during the two years would hold for the 
unexpired term, and that the board must regularly appoint 
a treasurer at its meeting for organization after the elec- 
tion in April of each even-numbered year. This ruling was 
made with the approval of the attorney-general. 



SCHOOL LAWS AND DECISIONS. 57 

Boards of trustees have sometimes made the appoint- 
ment of a treasurer at the regular meeting in April, occur- 
ring on the first Monday; but this may not be done law- 
fully except in townships in which rhe" trustee has been 
elected at a town meeting held before the first Monday. 
In such a case the first duty at the regular meeting would 
be to organize the board, which would, in even-numbered 
years, include appointing a treasurer. In all other cases, 
the meeting for organization, and, consequently, for ap- 
pointment of the treasurer, must come subsequent to the 
regular meeting. 

3. Oath of Office not required. The supreme court has 
held that a township treasurer need not take an official 
oath upon assuming his office; and the rule as laid down 
by the court exempts also school trustees, school directors, 
and members of boards of education. [^Directors v. People, 
79 111., 511.] This opinion of the supreme court seems to 
have been overlooked by the Appellate Court of the First 
District in Simons y. People, 18 111. App. (18 Brad.), 588. 

62. Term of president and treasurer. § 23. The 
president shall hold his office one year, and the treasurer 
for two years, and until their successors are appointed; but 
either of said officers may be removed by the board for 
good and sufficient cause. 

53. Duties of president— Records. § 24. It shall be 
the duty of the president to preside at all meetings of the 
board; and it shall be the duty of the clerk to be present 
at all meetings of the board, and to record in a book to 
be provided for the purpose all of their official proceedings, 
which book shall be a public record, open to the inspection 
of any person intei'ested therein. AH of said proceedings 
when recorded shall be signed by the president and clerk. 
If the president or clerk shall be absent or refuse to per- 
form any of the duties of his office at any meeting of the 
board, a president or clerk pro tern maybe appointed. 

Records. Many matters of importance go into the records 
of trustees. Hence they should be kept accurately and in 
permanent form. Furthermore, the record is the proper 
evidence of what the board has done. 

54. Meetings. § 25. It shall be the duty of the board 
of trustees to hold regular semi-annual meetings on the 
first Mondays of April and October, and special meetings 



58 SCHOOL LAWS AND DECISIONS, 

may be held at such other times as they think proper. 
Special meetings of the board may be called by the presi- 
dent or any two members thereof. At all meetings two 
members shall be a quorum for business.* 

1. Trustees must a,ct at Meetings. A corporation, such 
as the board of township trustees of schools is [33], acts 
lawfully only when assembled in its corporate capacity. 
The members of the body, acting independently, cannot 
bind the corporation; nor does the assent of a majority, 
or even of all the members of the board, to any proposi- 
tion bind the corporation, if that assent is given by the 
members separately, without the coming together of the 
board. Eegular meetings may be provided for by a rule 
of the board. Special meetings may be called, as provided 
in the law. Any mere coming together of two members of 
the board, without previous arrangement, is not such a 
special meeting as is meant by the law. It is true that 
two members of the board constitute a quorum for the 
transaction of business, but when two happen to meet, 
business of the district cannot lawfully be transacted. The 
call that is required implies something more. It is not 
held that there need be any great formahty about the call 
of a special meeting; bub either the president must call it, 
or two members must agree to call it; and the members of 
the board — all of them if practicable — must have reasonable 
notice of the time and place. So much, at least, is essential; 
and any attempt on the part of two members of a school 
board to ignore the third member in the transaction of 
business, which goes to the extent of not making any effort 
to give him notice of a special meeting, will make such 
meeting illegal, if held in his absence. [Directors v. Jen- 
nings, 10 111., App. (10 Brad.), 643; Stewart v. Directors, 
111., App. (Smith), 229; State v. Treasurer, 22 Ohio St., 
144; Aikman v. School District, 27 Kan., 129; District v. 
Padden, 89 Pa. St., 395; Hazen v. Lerche, 47 Mich., 626; 
Townsend v. Trustees, 41 N. J. L., 312; People v. Peters, 
4 Neb., 254.] 

2. Quorum. At all the meetings of the board two mem- 
bers constitute a quorum, and may transact any business- 
Form No. 11. 



SCHOOL LAAVS AND DECISIONS. 59 

which is properl}'- before it and within the scope of its offi- 
cial duty. Public agents may act by majorities, provided 
all are present, or have proper notice to be present. [Scho- 
field V. Watkins, 22 111., 66.] It has been claimed that 
this case Avarrants the conclusion that business may be 
done or a contract made by two members concurring, with- 
out there being a meeting of the corporate body. But a 
careful reading of the opinion shows that it goes to the 
extent only, that a meeting of the board will be presumed, 
whenever a majority of the board acts, until the contrary 
appears; that the act of a majority must be attacked in 
some direct proceeding, if at all, and that it cannot be 
called in question in a collateral proceeding. The only safe 
rule for a board to follow has been stated above. But the 
object of giving a notice to a member is that he may attend. 
If, therefore, it is known that the third member of a board 
is away at such a distance that he cannot be reached by a 
notice in time for the meeting, a failure to notify him would 
not invalidate the meeting. [Ibid.; Porter v. Robinson, 
S. C. Reports, N. Y., Hun 30, 209.] 

55. Apportionment. §26. At the regular semi-annual 
meetings on the first Mondays of April and October, the 
trustees shall ascertain the amount of state, county and 
township funds on hand and subject to distribution, and 
shall apportion the same as follows: (a) 

First — Whatever sum may be due for the compensation 
and the books of the treasurer, and such sum as may be 
deemed reasonable and necessary for dividing school lands, 
making plats, etc. {b) 

Second— And the remainder of such funds shall be divided 
among the districts, or fractions of districts, in which 
schools have been kept in accordance with the provisions 
of this act and the instructions of the state and county 
superintendents during the preceding year ending June 30, 
in proportion to the number of children under twenty-one 
(21) years of age in each, (c) 

(a) 1. Distribution of Funds — Days of. The duty of 
distributing funds, together Avith that of hearing petitions, 
makes the regular meeting in April one of great import- 
ance. It should be held AA'ithout fail upon the day named; 
but if trustees fail to meet that day, they must not let the 



60 SCHOOL LAWS AND DECISIONS. 

distribution of funds go over till the October meeting; a 
special meeting must be called at once and the distribution 
made. 

2. Additions to Township Fund—Distrihutsihle Fund not 
to be loaned. As to power to add a part of the distribu- 
table funds to the township fund, see 111; but no part of 
the distributable fund, as such, may be loaned. 

{h) Treasurer's SaJary^Expenses. The treasurer's salary 
and all the incidental expenses of the office come out of 
distributable fund. The trustees are allowed some com- 
pensation for dividing school lands, making plats, and for 
other services connected with the sale. But they do not 
receive any compensation for the performance of other 
duties, unless the exemptions named in 298 be regarded 
as a compensation. 

(c) 1. Condition of Sharing Funds. The condition of 
sharing in the funds distributed by the trustees in October 
and April is that the district has had, for the year ending 
June 30th prior thereto, a legal school. Of this fact the 
schedules or statements filed are the evidence in part. 

Among the provisions of law in accordance with which 
schools must be kept, in order that they may be legal 
schools within the meaning of the statute, are the following: 

(1) The children of the district must be accommodated, 
to a reasonable extent at least, with school privileges. 
\l4.Q,mh.'\ 

(2) The schools must be in session at least one hundred 
and ten days in each year. [146, fifth.'] 

(3) The teachers must have legal certificates in force for 
the whole term taught. [189.] 

(4) The schools must be for the purpose of instruction 
in the branches prescribed and permitted by law, and in no 
others. [190.] 

(5) The schools must not be sectarian in their character. 
[286.] 

2. Forfeiture. If it is within the knowledge of the trust- 
ees that in any district these provisions of the law have 
not been complied with, then the trustees must exclude 
such district from the distribution, and the w^hole amount 



SCHOOL LAWS AND DECISIONS. 61 

on hand for distribution must be given to the other dis- 
tricts. 

But a district just organized must not be excluded. 

3. Bhsis of Distribution. The basis of distribution is 
the minor population. [26, note 2.] 

56. Funds credited. §27. The funds thus apportioned 
shall be placed on the books of the treasurer to the credit 
of the respective districts, and the same shall be paid out 
by the treasurer on the legal orders of the directors of the 
proper districts in the same manner as other funds of the 
district are paid out. 

1. Funds credited to Districts. As soon as the distribu- 
tion has been made, the treasurer should enter up to their 
credit the amounts apportioned to the several districts. 

2. Overpayment of Sj District. In case a township treas- 
urer overpays a district, through inadvertence or other- 
wise, and the fact of such overpayment is apparent from ■ 
the records, said treasuier, or his successor, may retain 
the amount so overpaid from the first funds due, or to 
become due, said district, and apportion the same to the 
other districts of the township, to which it of right belongs, 
making the proper entry in his books. 

3. Funds of Townships lying in two Counties. When a 
township lies partly in two or more counties, and the treas- 
urer receives public money from the superintendent of each 
county, the funds so received should be merged and treated 
as one common fund. It is clear from 65 that in the dis- 
tribution of the state, county and township funds, every 
township is to be taken as a unit, and the distribution 
must be made to all the districts which have had schools 
according to law, without regard to county lines. Trustees 
cannot cause the portion of the county fund received from 
each superintendent to be expended exclusively in that part 
of the township which lies in the county of that superin- 
tendent, but must make one common fund of the amount 
so received, and distribute as aforesaid. The apportionment 
being made under one uniform state law, the accidents of 
county hnes are not to be taken into the account. 

57. Statistical report. § 28. The board of trustees 
of each township in this State shall prepare, or cause to 
be prepared, by the township treasurer, the clerk of the 



62 SCHOOL LAWS AND DECISIONS. 

board, the directors of the several districts, or other per- 
son, and forwarded to the county superintendent of the 
county in which the township lies, on or before the 15th 
day of July, preceding each regular session of the general 
assembly of this state, and at such other times as may be 
required by the county superintendent, or by the state 
superintendent of public instruction, a statement exhibiting 
the condition of schools in their respective townships for 
the preceding biennial period, giving separately each year, 
commencing on the first of July and ending on the last day 
of June, which statement shall be as follows: 

First — The whole number of schools which have been 
taught in each year; what part of said number have been 
taught by males exclusively; what part have been taught 
by females exclusively; what part of said whole number 
have been taught by males and females at the same time, 
and what part by males and females at different periods. 

Second— The whole number of scholars in attendance at 
all the schools, giving the number of males and females 
separately. 

TAird— The number of male and female teachers, giving 
each separately; the highest, lowest and average monthly 
compensation paid to male and female teachers, giving 
each item separately. 

Fourth — The number of persons under twenty-one years 
of age, making a separate enumeration of those above the 
age of twelve years who are unable to read and write, and 
the cause or causes of the neglect to educate them. 

Fifth — The amount of the principal of the township fund; 
the amount of interest of the township fund paid into the 
township treasury; the amount raised by ad valorem tax, 
and the amount of such tax received into the township 
treasury, and the amount of all other funds received into 
the township treasury. 

Sixth — Amount paid for teachers' wages; the amount paid 
for school house lots; the amount paid for building, re- 
pairing, purchasing, renting and furnishing school houses; 
the amount paid for school apparatus, for books and 
other incidental expenses for the use of school libraries; 
the amount paid as compensation to township officers and 
others. 

Seventh — The whole amount of the receipts and expendi- 
tures for school purposes, together with such other statis- 
tics and information in regard to schools as the state 
superintendent or county superintendent may require. And 
any township from which such report is not received in 
the manner and time required by law, shall forfeit its por- 
tion of the public fund for the next ensuing year; Provided, 



SCHOOL, LAWS AND DECISIONS. 63 

that upon the recommendation of the county superintend- 
ent, or for good and sufficient reasons, the state superin- 
tendent may remit such forfeiture. 

1. Trustees to make Bepoi-ts — Penalties and Liabihties. 
The obligation to make this report annually, on or before 
July fifteenth, is put upon the trustees. They do not discharge 
their duty by directing the treasurer to make it. If the 
county superintendent has to send some one fco make the 
report, the trustees are liable for the expense. [24] They 
are also liable, under 284. to a fine of twenty-five dollars; 
and if the forfeiture, provided as a penalty below, should 
be enforced, the trustees would be liable for the loss the 
tow^nship would sustain. [286] Making false returns 
knowingly is punishable b}^ the heavy fine of one hundred 
dollars, according to 283, and it behooves the trustees to 
know that the report sent in their name is accurate. 

2. Not excused by Negligence of Directors. Trustees may 
not excuse themselves for not making a report by saying 
that directors have failed to report to them. The trustees 
must themselves get all the information called for, or have 
their clerk get it. 

3. Value of Reports. For the value and necessity of 
accurate reports, see 23, note 4. 

4. Forfeiture by Townships. Blanks needed and full 
directions for making this report are furnished trustees 
some days in advance of the time for making the report, 
so it would seem that there can be no occasion to enforce 
this penalty, except in cases of refusal or willful neglect on 
the part of the trustees. 

A forfeiture was sustained in Pace v. People, 47 111., 321. 

58. Statistics of divided toivnships. § 29. In all 
cases where a township is, or shall be divided by a county 
line or lines, the board of trustees of such township shall 
make or cause to be made separate enumerations of male 
and female persons of the ages as directed by section 28 
of this article, designating separately the number residing 
in each of the counties in which such township may lie, 
and forward each respective number to the proper county 
superintendent of each of said counties; and in like manner 
as far as practicable, all other statistics and information 
enumerated and required to be reported in the aforesaid 
section, shall be separately reported to the several county 



64 SCHOOL LAWS AND DECISIONS. 

superintendents; and all such parts of said statistical in- 
formation as are not susceptible of division and are im- 
practicable to be reported separately, shall be reported to 
the county superintendent of the county in which the six- 
teenth section of such township is situated. 

Divided Townships and Districts. The annual report 
blanks sent out by the state superintendent contain full 
directions for reports from townships and districts divided 
by Qoxmtj lines and from union districts. 

69. Examination of treasurers books, etc. § 30. 
At each semi-annual meeting, and at such other meetings 
as they may think proper, the said township board shall 
examine all books, notes, mortgages, securities, papers, 
moneys and effects of the corporation, and the accounts 
and vouchers of the township treasurer, or other township 
school officer, and shall make such order thereon for their 
security, preservation, collection, correction of errors, if 
any, and for their proper management, as may seem to 
said board necessary. 

60. Trustees to receive gifts — To hold title to school- 
houses. § 31. The trustees of schools in each township 
in the state may receive any gift, grant, donation or de- 
vise made for the use of any school or schools, or library^ 
or other school purposes within their jurisdiction; and 
they shall be and are hereby invested in their corporate 
capacity, with the title, care and custody of all school 
houses and school house sites; Provided, that the super- 
vision and control of such school houses and school house 
sites shall be vested in the board of directors of the dis- 
trict. 

1. Title to School Property in Trustees. The title of 
school houses and school sites vests in the board of school 
trustees, and is held by them in trust for the particular 
districts to w^hich they belong. When a board of directors 
buys a school site pursuant to a vote of the district, it 
must take the title in the trustees; but the trustees have- 
nothing to do with the purchase. The board should have 
the deed recorded, and file it with the township treasurer. 
A suit to compel the giving of a deed must be brought by 
the trustees, or in their name. Directors may not bring 
such a suit in their own name. [Wilson v. Directors, 81 
111., 180.] 

2. District should own School Site. A school house 
should never be erected upon land not owned by the dis- 



SCHOOL LAWS AND DECISIONS. 65 

trict, except in case of absolnte necessity. The law does 
not forbid the building of a school house upon leased 
ground, or where the district does not possess the fee, but 
it is a bad practice, and almost. sure to result in trouble 
and loss to the district, sooner or later. No site should be 
voted for until it is ascertained whether a clear warranty 
deed can be obtained or not. If a site is voted for, and 
it is afterwards found that a clear title can not be ob- 
tained, it is better to select another site. It is impolitic to 
build and expend the money of the district upon lots in 
which the district has only a conditional estate, as where 
the lots, by the terms of the deed, revert to the former 
owner when they cease to be used for school purposes, etc. 
Where the ground upon which existing school houses stand, 
is in that condition, the directors should secure quit-claims 
if possible, from the makers of the deeds, so as to pass 
the titles which they might acquire by reversion. The 
property may become very valuable, and the directors 
may wish to change the site of the school house, in which 
case the land should be held by such a tenure that the 
district could sell and have the benefit of the proceeds for 
the new house and site. To secure a clear title, in fee 
simple, is always the best policy. 

3. No Highway to School House. A school house is for 
the use of the public, and if there is no public highway to 
it, the school children may go across private property in 
going to and from school. [Wilson v. Garrard, 59 111., 51.] 

4. Dedication of School Site. A dedication of land for 
school purposes may be implied from use for such purposes; 
and long continued use will give the right to the trustees 
to hold the land as if the dedication had been by deed. 
[Davidson v. Reed,, 111 lU., 167; Wilson v. Directors, 81 
111., 108]. 

Dedication of land for a school site is a dedication for a 
charitable purpose; and if a deed made to confirm such 
dedication is defective, a court of equity will supply all de- 
fects of conveyance. [Price v. Directors, 58 111., 432.] 

5. Lot does not revert. A lot conveyed for school pur- 
poses does not revert when no longer used as a school 
site. It may be leased and the proceeds used to support 



66 SCHOOL LAWS AND DECISIONS. 

a school maintained upon another site. [Trustees v. Braner 
71 111., 546; Crane v. Hyde Park, 135 Mass., 147.] 

6. Oral Consent by Owner— Personal Property. If an 
owne^ of land in a school. district give oral consent to the 
erection of a public school house thereon by the district, 
it will be considered the personal property of the district. 
^District Township of Corwin v. Morehead, 43 la., 466.] 

7. School House exempt from Taxation. The public 
school house is exempt from taxation. [Sec. 2, Chap. 120, 
Pev. Stat.; 111., Pace v. Corners, 20 111., 644; Constitution, 
Art. 9, Sec. 3, etc., p. 11.] 

8. Exempt from Mechanic's Lien. School property is 
not liable to a mechanic's lien. [Quinn v. Allen, 85 111., 39; 
Fatout V. School Com'rs, 102 Ind., 223.] 

9. School Directors may sue for Trespass. School direc- 
tors being vested with the control and supervision of the 
school house, may, when in actual occupancy of a school 
house for school purposes, maintain an action for trespass 
against any unauthorized person for breaking into and en- 
tering the same. [Alderman v. Directors, 91 111 , 179.] 

10. Burning- a School House. "Every person who shall 
willfully and maliciously burn or cause to be burned any 
****** school house ****** shall be 
deemed guilty of arson, and upon conviction thereof shall 
be punished, etc., and should the life of any person be lost 
in consequence of any such burning, such offender shall be 
deemed guilty of murder, and punished accordingly. [Rev. 
Stat. Ill, Crim. Code, § 13.] 

11. Entering with Evil Intent. "Whoever willfully and 
maliciously and forcibly breaks and enters, or willfully and 
maliciously, without force (the doors or windows being- 
open), enters into any ****** school house * * 
* * with intent to commit murder, robbery, etc., shall be 
deemed guilty of burglary, and be imprisoned, etc." [Pev. 
Stat. Ill, Crim. Code, § 36.] 

12. Disturbing a School. "Whoever willfully interrupts 
or disturbs any school * * * * shall be fined, etc." 
[Rev. Stat. 111., Crim. Code, § 60.] 

13. Defacing a School House. "Whoever willfully and 
mahciously, or wantonly, and without cause, destroys, de- 



SCHOOL LAWS AND DECISIONS. 67 

faces, mars or injures any school house, * * * or any 
of the out-buildings, fences, wells or appurtenances of such 
school house, * * * shall be fined, etc." [Rev. Stat. Ill, 
Crim. Code, § 196.] 

14. Doors of School House to open outwards. Chapter 
111, Rev. Stat. 111., provides that all school houses erected 
since July 1, 1874, shall be so constructed that all doors 
leading from the main hall, or from the .principal room, 
sh allbe so swung upon their hinges as to open outwards ; 
and that all means of egress from the building shall be by 
means of doors which shall open outwards. Section 2 
further provides that any person or persons failing to 
comply with the above provisions shall be fined in any sum 
not less than |100 nor more than $1,000. 

15. Insurance. School directors should see that their 
school buildings are protected, by adequate policies of in- 
surance, against loss or damage by fire, etc., and that the 
policies are regularly and promptly renewed at expiration. 
Their right and duty to do this are unquestionable. It is 
a precaution which should never be omitted. The premium 
should be considered as a necessary incidental expense, and 
regularly provided for as such, under 202. No vote of the 
district is required. The insurance should be written in the 
name of the trustees, since the title is in them. It should 
not be written in a company of which a member of the 
school board is the agent. [Directors v. Parks, 85 111., 338.] 

16. Care and Custody of School House and Grounds by- 
Directors, includes What. The guardianship and control of 
school houses, and of the school property of a district, are 
vested exclusively in the board of directors, and not in the 
teacher nor the inhabitants of the district; but they are 
vested in them only for the purposes contemplated by law. 
To this end they should cause the house to be painted, and 
trees, shrubbery and fiowers to be planted, etc. Not a year 
should be allowed to pass without planting trees, where 
there are none already. Fences, gates, weUs, out-houses, 
etc., should be kept in good condition, and both teachers 
and pupils held to strict account in respect to them. Direct- 
ors also have full authority to purchase brooms, dust- 
brushes, pails, wash-bowls, shovels, tongs, ash-buckets, 



68 SCHOOL LAWS AND DECISIONS. 

scrapers, mats, clotMng-liooks, etc., etc. The power of^the 
directors to procure all these thino-g, and any others that 
may be required for the complete equipment and furnish- 
ing of their schools, school houses and grounds, is clear 
and unquestionable. And to pay for them they may levy 
any rate of tax that may be necessary; no vote is required. 
It is also the duty of the directors to employ some one to 
sweep, make fires, prepare the fuel, etc., unless a different 
agreement is made with the teacher, or the pupils volun- 
tarily attend to those things. . 

17. Teacher not to do Janitor Work. Unless otherwise 
specified in the contract, no teacher of a public school can 
be required to sweep, make fires, etc. It is no part of his 
duty, unless he agrees and contracts to do it when he is 
employed. These are services which have no connection 
whatever with his personal duties as teacher, and which he 
cannot, therefore, be required to perform under a general 
contract to teach the school. Whatever services and duties 
properly attach to the office of teacher, in addition to the 
great work of instructing and governing the school, such 
as preserving the house and its furniture, the fences, grounds, 
trees, shrubbery, etc., from injury by the pupils, may legally 
be required of him. 

18. Pupils not to do Janitor Work. Neither may such 
services be required of pupils against their will. \_State v. 
Board of Education of Fond du Lac, 63 Wis., 234.] 

Whatever expense attends such services comes under the 
head of "necessary incidental expenses," and may be pro- 
vided for by the directors, without a vote, under 202. 

19. Liability of District for Injury to Pupils. The dis- 
trict is not liable for injury resulting to pupils, either from 
the defective construction or condition of the school house, 
or far a dangerous condition of the school yard. [^LaneY. 
District Township of Woodbury, 58 la., 462; Finch v. 
Board of Education, 30 Ohio St., 37; BigelowY. Randolph, 
14 Gray, 541; McFlenna v. Kimball, 145 Mass., 555.] 

It has been held otherwise in New York. In deciding 
Bassett v. Fish, 75 N. Y. App., 303, Judge Folger said: 
"If, in the proper discharge of their duty, they had gone to 
the building, and, looking for defects threatening immediate 



SCHOOL LAWS AND DECISIONS. 69 

danger, had found this hole, then they would have had 
actual and personal knowledge of it, and would have been 
in fault, if having public means to do it they had not 
amended it. If so going they had made so careless an in- 
spection as not to see what was so plain, then they would 
have been faulty. If they did not go at all and took no 
heed of the liability to danger from the general and par- 
ticular defects of a building in their charge, which they 
kept open for the use of many people, then they egregiously 
failed in doing their duty." 

61. Sale of site. § 32. When, in the opinion of any 
board of directors, the school house site or any buildings 
have become unnecessary or unsuitable or inconvenient for 
a school, the board of trustees, on petition of a majority 
of the voters of the district, shall sell and convey the same 
in the name of the said board, after giving at least twenty 
days' notice of such sale by posting up written or printed 
notices thereof, particularly describing said property, and 
the terms of sale, which notice may be in the following 
form, viz: 

PubUc notice is hereby given that on the day of A. D. 

the trustees of schools of township No range No , will sell at 

public sale, on the premises hereinafter described, between the hours of ten 
o'clock a. m. and three o'clock p. m., the school house situated on the school 
house site, known as (here describe the site by its number, commonly known 
name, or other definite description) and located in the (here describe its place in 
the section), which sale will be made on the following terms, to-wrt: (here insert 
as "one-third of the purchase money cash in hand, and the balance in two equal 
payments, due in one and two years from the day ot the sale, with interest at the 

rate of per cent, from date." 

A. B.) 

C. J).}- Trustees. 

E. F.) 

And the deed of conveyance of the property so sold shall 
be executed by the president and clerk of said board, and 
the proceeds of such sale shall be paid over to the town- 
ship treasurer, for the benefit of said district. 

Sale of School Property. It will be seen that in order 
legally to sell and convey district school property, the con- 
sent of the directors must first be had, and then, in addi- 
tion, there must be a petition therefor, signed by a majority 
of all the legal voters of the district. When such petition, 
approved by the directors, is filed with the board of trust- 
ees, it then becomes their duty (and not till then) to pro- 
ceed to sell and convey the property in the manner pre- 
scribed. As the title to school sites and property is in the 
trustees, they only have powervto sell. The money received 



70 SCHOOL LAWS AND DECISIONS. 

must be paid over to the township treasurer, for the use 
and benefit of the district; no part of said avails should be 
paid to the directors, or any of them. And when notes are 
given by purchasers of school property, said notes should 
be drawn in fa.vor of the township treasurer — not of the 
directors — for the use and benefit of the proper district. 

62. Conveyances to trustees. § 33. All conveyances 
of real estate which may be made to said board shall be 
made to said board in their corporate name and to their 
successors in oflBce. 

63. Treasurer to hold all funds— Removal— Suit on 
bond. § 34. The township board shall cause all moneys 
for the use of the townships and districts to be paid over 
to the township treasurer, who is hereby constituted and 
declared to be the only lawful depositary and custodian of 
all township and district school funds. They shall have 
power also to remove the township treasurer at any time, 
for any failure or refusal to execute or comply with any 
order or requisition of said board, legally made and entered 
of record, or for other improper conduct in the discharge 
of his duty as treasurer. They shall also have power for 
any failure or refusal as aforesaid to sue him upon his 
official bond and recover all damages sustained by the said 
board in its corporate capacity, by reason of such neglect 
or refusal as aforesaid. 

1. Treasurer to hold all Funds. The township treasurer 
is the lawful custodian of each of the three funds which to- 
gether constitute all public school funds of the township, 
the permanent township fund, the distributable fund, and 
the district funds. Tuition-fees, money paid on transfers,, 
taxes collected, insurance money, and money borrowed, 
must all go into his hands. [^Adams v. The State, 82 111., 
132.] The reason for this provision of the law is a once 
apparent when it is remembered that he is the only school 
ofiicer in the township who gives a bond. But the treas- 
urer may not receive for schoal funds or moneys anything 
which the law ha,s not authorized so to be received; and if 
he does so and receipts for taxes on that account, he must 
make good the amount "in case of valid objection thereto. 
[Jones V. Wright, 34 Mich., 371; Lovingston v. Trustees, 
99 111., 564; Humiston v. Trustees, 7 111. App. (7 Brad.), 1 22.] 
But in the case last cited the directors were held to be es- 



SCHOOL LAWS AND DECISIONS. 71 

topped from demanding money of a treasurer whom they 
had authorized to take coupons of the collector. 

2. Trustees to enforce the Law^Cannot withdraw Funds. 
It is the business of the trustees to see that the law in 
this regard is complied with. But township trustees have 
no right whatever to withdraw the bonds, notes, mort- 
gages, moneys and effects, denominated the principal of 
the township fund, nor the funds subject to distribution, 
from the custody of the township treasurer, and deposit 

'the same in a bank, or other place of supposed greater 
safety, or for any other purpose. If they do, they are in- 
dividually liable in case of loss. By 111, the treasurer, 
upon the execution and approval of his bond, "shall de- 
mand, receive and safely keep, all moneys, books, and 
papers of every description belonging to his township." 
Trustees "shall cause all moneys, etc., to be paid over to the 
township treasurer. " [63.] The safety of the funds and effects 
of the township is in the sufficiency of the treasurer's penal 
bond, and of his securities; not in the supposed material 
strength of the place of deposit. The treasurer takes that 
risk. If trustees take an insufficient bond, or accept in- 
adequate securities, section seventy-four makes them indi- 
vidually liable. They may increase the securities to any 
necessary extent, but they cannot withdraw the funds and 
papers. 

3. Trustees way remove Treasurer. The trustees maj'- 
remove the treasurer for cause. The phrase "legally made" 
in this connection must be held to mean made by the board 
when duly assembled, with a record thereof; and the order 
for violation of which he may be removed, must be one re- 
quiring him to do some lawful act in relation to matters 
pertaining to his office. 

The appointment of a new treasurer and the approval 
of his bond is, in effect, removing the former treasurer 
whose term has not expired. [Holbrook v. Trustees, 22 
111., 539.] 

64. Trustees may purchase real estate. § 35. The 
township trustees are hereby vested with general power 
and authority to purchase real estate, if in their opinion 
the interests of the township fund will be promoted thereby, 



72 SCHOOL LAWS AND DECISIONS. 

in satisfaction of any judgment or decree wherein the said 
board or the county superintendent are plaintiffs or com- 
plaiuants; and the title of such real estate so purchased 
shall vest in said board for the use of the inhabitants of 
said township, for school purposes. 

66. Trustees may make settlements. § 36. The 
board of trustees are hereby vested with general power 
and authority to make all settlements with persons in- 
debted to them in their official capacity, or to receive deeds 
to real estate in compromise, and to cancel, in such manner 
as they may think proper, notes, bonds, mortgages, judg- 
ments and decrees, existing or that may hereafter exist, 
for the benefit of the township, when the interest of said 
township, or of the fund concerned shall, in their opinion, 
require it and their action in the premises shall be valid 
and binding. 

1. Trustees may take property in Compromise. The 
power to make compromises is one to be exercised strictly, 
as the statute says, "when the interest of said township 
or the fund concerned shall, in their opinion, require it." 
Entire good faith is demanded of the trusters in any such 
transaction. [Agnew v. Brail, 124 111., 312.] The respon- 
sibility can be in no way lessened or divided by referring 
such a matter to the voters of the township. It is not a 
question upon which the law provides for a vote by the 
electors, and a vote is, therefore, of no effect. [School 
District v. Harvey, 56 Vt., 556.] 

2. Reference to Township Funds — Exempt from Taxation. 
Reference is had to the township fund and the investment 
of the fund. The term "bonds" refers to school bonds held 
as a part of the fund, as permitted in 101, and not to the 
official bond given by the township treasurer. All lands 
taken as a part of this fund are exempt from taxation 
from the time the title vests in the trustees. [Chicago v. 
People, 80 111., 384; People v. Trustees, 118 111., 52; note 
p. 9; article 9, section 3, etc., p. 11.] 

By cases in Indiana and Iowa, land so taken would not 
be liable for any taxes assessed subsequent to the date of 
the mortgage. [State v. Jones, 95 Ind., 175; Ritchie v. 
McDufhe, 62 la., 46.] 

66. Leases and sales of lands. § 37. The board of 
trustees are hereby authorized to lease or sell at public 



SCHOOL LAWS AND DECISIONS. 73 

auction, any land that may come into tlieir possession in 
the manner xjrovidecl for in either of the two preceding sec- 
tions in such manner and on such terms as they may deem 
for the interests of the townships; Provided, tliat in all 
cases of sale of such land, the sale shall be either at the 
door of the court house, where judicial sales of land are 
usually made, or else on the premises to be sold, as the 
trustees may order and direct; And, provided, that in all 
<?ases of sale of land, as provided in this section, the sale 
shall be made in the manner provided for sale of the six- 
teenth section by section 14 of article 13 of this act. 

1. Leasing Lands. For further powers and limitations 
in regard to leasing lands, see 244. 

2. Sale of Lands — How made. If the lands which come 
into the possession of the trustees are sixteenth section 
lands, it is not necessary that there be a petition to give 
authority for their sale, as in the first instance [249], nor 
is it necessary that the county superintendent make the 
sale. 

Any and all lands which the trustees acquire by purchase 
settlement or compromise, may be sold by them on their 
own motion. The steps prescribed are: 

(1) If there is a newspaper published in the county, 
notice of the time, place and terms of the sale, with a de- 
scription of the land, must be published in it for four weeks 
before the sale. If there is no such newspaper, then notices 
giving the same information must be posted in six public 
places in the county, forty days next before the sale. [265.] 

(2) The sale must be made upon the premises, or at 
the court house of the county in which the land is situated. 
[256.] 

(3) The sale must be by public auction. Should the 
trustees employ the county superintendent, as they may, 
to conduct the .sale, they may pay him a reasonable sum 
for his services; but the sale would not be one for which , 
section seventy-one gives him commissions. The sales 
there referred to are the original sales of sixteenth section . 
lands, and sales of such lands as may come into his own 
hands as a part of any school fund held by him oflicially. 

67. Township Mgli school. § 38. Upon petition of 
not less than Mty voters of any school township, filed 
-5 



74 SCHOOL LAWS AND DECISIONS. 

with the township treasurer at least fifteen days preceding* 
the regular election of trustees, it shall be the duty of 
said treasurer to notify the voters of said township that 
an election "For" or "Against" a township high school 
will be held at the said next regular election of trustees, 
by posting notices of such election in at least ten of the 
most public places throughout such township, for at least 
ten days before the day of such regular election, which 
notices may be in the following form, viz: 

High School Election. 

Notice is hereby given that on Saturday, the day of April, A. D 

an election will be held at , for the purpose of voting "For" or 

"Against" the proposition to establish a township high senool for the benefit of 

township No range No The polls for said election will be open 

at and close at o'clock of said day. 

A. B Township Treasurer. 

68. Ballots. § 39. The ballots for such election shall 
be received and canvassed as in other elections, and may 
have thereon the name of the person or persons whom the 
voter desires for trustee or trustees. 

69. Township board of education. § 40. If a major- 
ity of the votes at such election shall be found to be in 
favor of establishing a township high school, it shall be 
the duty of the trustees of the township to call a special 
election on any Saturday within sixty days from the time 
of the election establishing the township high school, for 
the purpose of electing a township board of education, to 
consist of five members, notice of which election shall be 
given for the same time and in the same manner as pro- 
vided for in the election of township trustees. The mem- 
bers elected shall determine by lot, at their first meeting, 
the length of term each is to serve. Two of the members 
shall serve for one year each, two for two years, and one 
for three years, from the second Saturday of April next 
preceding their election. Whenever a vacancy occurs (ex- 
cept by death or resignation), a successor or successors 
shall be elected, each of whom shall serve for three years, 
which subsequent election shall be held on the same day 
and in the same manner as the election of township trust- 
ees. In case of vacancy from other cause than the expira- 
tion of the term of office, the board shall call an election 
without delay, which election may be held on any Satur- 
day, notice of which shall be given for the same time and 
in the same manner as for the election, of township trust- 
ees. Within ten days after their election, the members of 
the township board of education shall meet and organize 
by electing one of their number president, and by electing 
a secretary. It shall be the duty of the township board of 
education to establish at some central point most con- 



SCHOOL LAWS AND DECISIONS. 75 

venient to a majority of tlie pupils of the township, a, high 
school for the education of the more advanced pupils. 

70. Powers of board. § 41. For the purpose of build- 
ing a school house, supporting the school and paying other 
necessary expenses, the township shall be regarded as a 
school district, and the township board of education shall 
have the power and discharge the duties of directors for 
such district in all respects. 

1. Township High School— Establishment — Maintenance. 
When the people of any township have voted to establish 
a township high school and elected their school board, the 
board, without a further vote, must proceed to establish 
and maintain the school, both selecting a site and levying 
a tax for a school house. For this purpose the township 
becomes, in effect, a school district, and its school board 
(as the trustees w'ere under the law as it was before revi- 
sion) is invested with all the powers and duties of school 
directors. It may levy taxes [Fishery. People, 84 111., 491; 
Richards v. Raymond, 92 111., 612]; fix a course of study, 
determine the qualifications for admission [Trustees v. 
People, 87 111., 303]; employ teachers, etc. For a further 
discussion of these duties, see comments upon the sections 
relating to school directors. 

2. Supported by Taxation — Schedules. The township 
high school is supported by taxation alone; it does not 
receive any funds from distribution. The teachers should 
keep registers and make out schedules. All payments should 
be by orders, and the accounts of the school should be 
kept the same as if it were in a separate district. In making 
the report, however, only those items relating to it as a 
school should be reported. 

71. Two or more townships may co-operate. §42. 
In like manner the voters and trustees of two or more 
adjoining townships, or parts of townships, may co-operate 
in the establishment and maintenance of a high school, on 
such terms as they may, by written agreement made and 
signed by the boards of trustees, enter into. 

72. Discontinuance. § 43. When any township, town- 
ships, or parts of townships shall have organized a high 
school, and wish to discontinue the same, upon petition of 
not less than a majority of the legal voters of said town- 
ship, townships or parts of townships, filed with the town- 
ship treasurers of said townships at least fifteen days pre- 



76 SCHOOL LAWS AND DECISIONS. 

ceding a regular election of trustees, it shall be the duty of 
the said treasurers to notify the voters of the township, 
townships or parts of townships, that an election will be 
held on the day of said regular election of trustees, for the 
purpose of voting "For,' or "Against" discontinuing the 
township high school; which notice shall be given in the 
same manner and for the same length of time, and may be 
in substantially the same form as the notice provided for 
in section 38 of this article. 

73. Assets added to township fund. §44. The ballots 
for such election shall be received and canvassed in the 
same manner as provided for in section 39 of this article. 
If the majority of the votes at such election shall be found 
in favor of discontinuing the high school, it shall be the 
duty of the trustees to discontinue the same, and turn all 
the assets of the said high school over to the school fund 
of the township or townships interested therein, in propor- 
tion to the assessed valuation of said townships, to be 
used as any other township fund for school purposes. 

Disposition of Funds. If a township high school be dis- 
continued, its funds should be added to the distributable 
fund and apportioned to the several districts. It seems 
right to make this use of them rather than to add them 
to the principal of the township fund, for they have been 
raised for current school expenses. 

74. Trustee not to be interested in the sale of books, 
etc. § 45. No trustee of schools shall be interested in the 
sales, proceeds or profits of any book, apparatus or furni- 
ture used in any school in this state with which such trustee 
may be in any manner connected. For offending against 
the provisions of this section, any such trustee shall be 
liable to indictment, and, upon conviction, shall be fined 
in a sum not less than twenty-five dollars nor more than 
five hundred dollars, and may be imprisoned in the county 
jail not less than one nor more than twelve months, at the 
discretion of the court. 

75. Township divided into districts. § 46. Trustees 
of schools in newly organized townships shall lay off the 
township into one or more school districts, to suit the 
wishes or convenience of a majority of the inhabitants of 
the township, and shall prepare or cause to be prepared a 
map of the township, on which map shall be designated 
the district or districts, to be styled, when there are more 

districts than one, "District No , in township No ,' 

range No , of the P. M. (according to the proper 

numbers), county of , and State of Illinois." 



SCHOOL LAWS AND DECISIONS. 77 

1. School Districts should include all Territory. All the 
township should be included in the school districts of the' 
township as laid off by the trustees, so that every part 
may bear its share of the burden of school taxation, and , 
so that every child of school age may be a resident of 
some district, and thus have some school which he has a 
right to attend. If a board of trustees find that any terri- 
tory within its jurisdiction is not attached to any district, 
it should at once add such territory to some adjoining dis- 
trict or districts. 

2. Legality of Organization tested. The legality of the 
organization of a district can be questioned in a direct 
proceeding only. [People v. Trustees, 111 111., 171.] 

76. District lines changed. § 47. In a township where 
such division into districts has been made, the said trustees 
may, in their discretion, at the regular meeting in April, 
when petitioned as hereinafter provided for, change such 
districts as lie wholly within their townships, so as — 

First — To divide or consolidate districts. 

Second— To organize a new district out of territory be- 
longing to two or more districts. 

Third— To detach territory from one district and add the 
same to another district adjacent thereto. 

1. When changes may be made. Changes in district 
boundaries may be made at the regular meeting in April 
only; that is, the proposition for a change must be pre- 
sented on or before that date; but it may be carried over 
to an adjourned meeting. Should, however, the trustees 
fail to meet at the time of their regular meeting, it is held 
that they must meet (that a mandamus would lie to com- 
pel them to meet) and consider any such proposition that 
had been duly presented. 

2. What Changes may be made. All the possible changes 
in the territory of a school district readily resolve them- 
selves into four classes; (1) to divide a district so as to 
make two or more districts of it; (2) to consolidate two or 
more districts; (3) to make a district out of territory belong- 
ing to two or more districts, and (4) to detach territory 
from one district and add it to another. 

3. Districts under Special Laws. The power here given 
to change district boundaries does not extend to districts 



78 SCHOOL LAWS AND DECISIONS. 

organized under special acts of the general assembly. 
[ShaeferY. People, 20 111. App. (20 Brad.), 605.] 

77. Petitions. § 48. No change shall be made as pro- 
vided for in the preceding section, unless petitioned for — * 

First — By a majority of the legal voters of each of the 
districts affected by the proposed change. 

Second— Bj two-thirds {%) of the legal voters living 
within certain territory, described in the petition, asking 
that said territory be detached from one district and added 
to another. 

Third— B J two-thirds (%) of all the legal voters living 
within certain territory, containing not less than ten (10) 
families, asking that said territory may be made a new 
district. 

1. Purposes served by the Petition. In relation to changes 
of district boundaries, the petition serves two purposes: 
ifirst, it states what change is proposed; and, second, it 
is essential that there be a petition in legal form and that 
it be duly filed, in order to give the trustees jurisdiction of 
the proposition. 

2. Petition must not be changed. A clerical error in a 
petition may be corrected, but no modification of the pro- 
posed change is admissible after the petition has been filed. 
The reason for this rule is obvious. Through the petition 
the trustees acquire jurisdiction of the proposition which it 
presents, and no power is given them to change it. When 
the petition is filed, it has passed out of the control of the 
petitioners. If they are not satisfied with it, their only 
remedy is to put in another petition in the regular way 
which does represent their wishes, and secure the defeat of 
the one first filed. Further, it would be unfair to the dis- 
tricts interested to change a petition of whose pendency 
they have had notice, for something else of which they 
have not had notice. It is true that an amendment of a 
petition would sometimes make it more acceptable to all 
concerned, as well as clear it of objectionable features; but 
such amendment cannot lawfuUy be made. [State v. Riley, 
85 Mo., p. 156; District y. District, 94 Mo., 612.] 

3. Forms of Petitions. The law provides for petitions 
in three forms: (1) By a majority of the legal voters of 
the district or districts affected. (2) By two-thirds of the 

*Porms Nos. 14. 15. 16. 



SCHOOL LAWS AND DECISIONS. 79 

legal voters living in certain territory which it is proposed 
to transfer to another district. (3) By two-thirds of the 
legal voters in certain territory, containing not less than 
ten families, of which it is proposed to make a new district. 
It has been held that a petition of this third form is not 
to be granted unless it be true that both the proposed new 
district and the old district, which is to be regarded as a 
new district, have each not less than ten families. \_Ches- 
shire v. People, 116 111., 493.] Sometimes one and, some- 
times another form of petition may be used. For instance, 
a majority of the legal voters of a district may petition to 
have it divided along a certrin line; or the trustees may 
be asked to do the same thing by a petition signed by 
two-thirds of the legal voters living in one part of the dis- 
trict, requesting that that part be made a separate district, 
if onl}", as stated above, each part has not less than ten 
families living in it. A majority of the legal voters living 
in each of two or more districts, or two-thirds of the legal 
voters living in their whole territory may petition, in one 
€ase, for their consolidation, and, in the other, that the 
whole territory be made a district. A majority of the 
legal voters of two districts may petition to have a part 
of one district set off to another; or two-thirds of the legal 
voters living in the part which it is proposed to set off, 
may ask for the same thing; and it is held that the peti- 
tion of one voter, if he is the only voter living in such part, 
is suflScient in this case. 

4. Petition must make a Case under the Law. But which- 
ever form of petition is used, it must make a case under 
the statute, or it will not be the duty of the trustees to 
assume jurisdiction of the matter. [Potter v. Trustees, 
10 111. App. (10 Brad.), 343; Trustees v. People, 25 111. 
App. (Smith), 25; Currie v. People, 123 111., 198.] The first 
decision was made under the statute when it did not read 
as it does now; so while the rule laid down in the opinion 
must be followed, what a petition should now contain must 
be learned from the statute. 

Petitions should begin, "We the undersigned being a 
majority of the legal voters of district ," or, "two- 
thirds of the legal voters in the territorv herein described," 



80 SCHOOL LAWS AND DECISIONS. 

or "two-thirds of the legal voters in the territory herein 
described, which contains ten or more families;" and the 
prayer of the petition must be one which the trustees have 
power under the law to grant, and one which may be 
made under the form of petition chosen. If the proposed 
change must be submitted to two or more boards of trust- 
ees, then there must be two or more petitions, differing 
only in being addressed to different boards of trustees, and 
each signer must sign all the petitions. Care in respect to 
the signatures is desirable so as to shut out any question- 
ing of the copies served upon the interested districts. 

5. Status of Petition fixed when filed. The sta^zzs of the 
petition is fixed when it is filed; hence, from the number 
of persons who on that day are the legal voters of the ter- 
ritory or district petitioning, the petition must have a 
majority, or two-thirds, according to form used, as signers. 
If a man moves out of the district after signing a petition, 
and before the petition has been filed, his name must not 
be counted to make up the legal number of signers; but if 
he moves out after the petition has been filed, his name 
must be counted; for the trustees have already acquired 
the jurisdiction which it is one of the functions of the peti- 
tion to give. And no change in the number of voters in 
the district or territory after the petition has been filed 
will withdraw jurisdiction. 

78. Districts of 1,000 inhabitants. §49. In school 
districts having a population of not less than one thousand 
inhabitants, any desired change of boundaries may be sub- 
mitted to the trustees by a vote of the people, instead of 
by the petition provided for in the preceding section, and 
when petitioned so to do by twenty-five legal voters of the 
district, the school board of the district shall submit the ques- 
tion of the change desired, to the voters of said district,, 
at a special election called for that purpose, and held at 
least thirty days prior to the regular April meeting of 
the trustees. If a majority of the votes cast at any such 
election shall be in favor of the change proposed, then, 
due return of the election having been made to the towm- 
ship treasurer, the township trustees shall consider and 
take action the same as if petitioned therefor by a major- 
ity of the legal voters of such district; Provided, that no 
question of change of boundaries shall be submitted to a 
vote of the school district more than once in any one year. 



SCHOOL LAWS AND DECISIONS. 81 

Vote instead of a, Petition. This clause of the statute 
provides another way by which a change of disfcrict Knes 
may be proposed on behalf of a district having not less 
than one thousand inhabitants. But the voters of such a 
district may still propose such a change by a petition, if 
that way is preferred. It has been so held by one of the 
judges of Cook county. 

79. Date of filing petitions— Notice. § 50. No peti- 
tion shall be acted upon by the board of trustees unless 
such petition shall have been filed with the clerk of the 
said board of trustees at least twenty days before the reg- 
ular meeting in April, nor unless a copy of the petition, to- 
gether with a notice in writing, signed by one or more of 
the petitioners, shall be delivered by the petitioners, or 
some one of them, at least ten days before the date at 
which the petition is to be considered, to the president or 
clerk of the board of directors of each district whose bound- 
aries will be changed if the petition is granted. 

Which notice may be in the following form, to-wit: 

The directors in district No , in townsliip No range No 

of the principal meridian, will take notice that the undersigned and olhers 

have made and filed with the board of trustees of said township their petition, 
a copy of which is herewith handed to you. 

Signed, 

Petition fled Twenty Days— Ten Days Notice to Districts. 
The law requires that the petition be filed twenty days 
prior to the April meeting to the trustees, and that dis- 
tricts affected have ten days notice of the same in order 
that due publicity may be given to the proposition. Com- 
pliance with these requirements may not be disregarded. 
IState V. Graham, 60 Wis., 395.] 

It is held that the copy of the petition which is filed with 
the president or clerk of an interested district must include 
the names of the signers, since they are an essential part of 
the petition. So, too, it is obligatory upon the petitioners 
to see that the copy of the petition is actually delived to 
one of the ofiicers named. The petitioners having delivered a 
copy to the proper person, should make to the township 
treasurer a return* of the delivery with name and date in 
writing, so that there may be evidence of that fact before 
the trustees when they meet; but if this has not been done, 

* Form No. 18. 



82 SCHOOL LAWS AND DECISIONS. 

evidence of notice may be obtained by the trustees in any 
other satisfactory way. 

80. Action by two boards of trustees. § 51. At the 
said April meeting, by the concurrent action of the several 
boards of trustees of the townships in which the district 
or districts affected lie, each board being petitioned as 
provided for in section 48 of this article, the same changes 
may be made in the boundaries both of districts which lie 
in separate townships, but adjacent to each other, and of 
districts formed of parts of two or more townships, as are 
permitted to be made in districts which lie wholly in one 
township. 

Concurrent Action. If any proposed change affects a dis- 
trict or districts lying wholly in one township, then the 
proposition must be submitted to, and considered by, the 
trustees of that township; but if the districts affected do 
not lie in one township, then the proposition must be sub- 
mitted to, and acted upon by, the board of trustees of 
each township into which the districts concerned, or any 
of them, extends; and in such case the two or more boards 
of trustees must concur in approving the proposed change 
in order that it be made by their action. Concurrence of 
action does not imply a joint meeting; each board will 
act at its usual place of meeting in its own township. 
Should, however, a joint meeting be held, there must be a 
quorum of each board present; and the proposition would 
not prevail unless it should be approved by each board 
separately. When any proposed change of district bound- 
aries requires action by more than one board of trustees 
the foregoing steps must be taken by each board. 

81. Adjournment. § 52. When, at the regular meet- 
ing of the trustees in April, any petition shall come before 
the trustees, asking for any change in boundaries, it shall 
be the duty of the trustees to ascertain if the foregoing- 
provisions have been strictly complied with; and if it shall 
appear that they, or either of them, have not been com- 
plied with, then, in such case, the board shall adjourn for 
not longer than four weeks, in order that the foregoing 
provisions may be complied with; but there shall be but 
one adjournment for such purpose. 

Adjournment. A defect here must be cured by an ad- 
journment. The petitioners have a right to a hearing, and 
to such a hearing as the law prescribes. If the trustees 



SCHOOL LAWS AND DECISIONS. 83 

consider and act upon a petition before the time has come 
when they may lawfully act upon it, their action would be 
promptly set aside by any court before whom the matter 
might be broug-ht, and the petitioners would thus, by the 
neglect of the trustees to follow the law, be deprived of 
their right. 

Should trustees neglect this requirement and act upon 
the petition too soon, it is held that they must call a 
special meeting, open up the case, and take steps essential 
to a legal consideration of the petition. 

If it should be found, after an adjournment, that the 
petitioners have still failed to give districts affected legal 
notice of the petition pending, the trustees must refuse it 
further consideration for lack of complete jurisdiction. 

82. Consideration of petition. § 53. If on the day 
of the regular meeting, or, in case of an adjournment, at 
the adjourned meeting, it shall appear that such provisions 
have been complied with, then the trustees shall consider 
the petition, and shall also hear any legal voters living in 
the district or districts that will be affected by the change 
if made, who may appear before them to oppose the peti- 
tion, and they shall grant or refuse the prayer of the peti- 
tioners, without unreasonable delay. After the trustees 
shall consider the petition, no objection shall be thereafter 
raised as ,to its form, and their action shall be prima facie 
evidence that all the formal requirements have been com- 
plied with. 

1. Proceedings by Trustees. The first duty of a board 
of trustees, upon finding, at their meeting in April, that a 
petition had been filed for their consideration, is to ascer- 
tain whether on its face it makes a case under the law. [77 
notes, 1-4. But the trustees may always investigate to as- 
certain whether a petition is what it purports to be; that 
is, whether it really does ask for what the trustees may 
grant, and whether it in fact has the number of signatures 
it claims to have. If a petition does not upon its face 
come within the statute, or if the trustees find upon exam- 
ination that it does not, then they must dismiss it as in- 
sufiicient to give them jurisdiction. 

Having found that a petition does come within the stat- 
ute, the trustees must next ascertain whether it has been 



84 SCHOOL LAWS AND DECISIONS. 

filed twenty days, and whether all districts affected have 
had due notice of its pendency. 

2. Mandamus to compel Consideration. A mandamus will 
lie to compel trustees to consider a petition which is prop- 
erly before them. [Badger Y. Knapp, 7111. App. (7 Brad.), 
222; Case v. Blood, 61 la., 632; HightowerY. Overhaulser, 
65 la., 347.] 

3. Discretion of Trustees. A proposition for a change 
of district lines of which a board of trustees has acquired 
full jurisdiction, then comes up to be granted or refused 
without modification; and the trustees have full discretion 
both as to the mode of consideration and as to their de- 
cision, being bound only to act in good faith. 

4. Prima Facie Case. In the sentence of the law "After 
the trustees shall consider the petition no objections can be 
raised as to its form, and their action shall be prima facie 
evidence that all the foregoing provisions have been com- 
plied with," the word "form" is used as distinguished from 
"substance;" and the sentence means that, after considera- 
tion by the trustees, objections on account of matters not 
essential to the validity of the petition may not be made, 
and that a presumption that the trustees have acquired 
jurisdiction of the subject of the petition has been created, 
which may be overcome by sufficient evidence only. It does 
not prevent the county superintendent from considering all 
essential matters on appeal; and a writ of certiorari will 
lie to review the proceedings in such a matter [Miller v. 
Trustees, 88 111., 26]; but it must be brought within a 
reasonable time. [Trustees v. Directors, 88 111., 100.] Acts 
clearly within the discretion of the trustees will not be dis- 
turbed. [Thompson v. Beaver, 63 111., 353; Directors v. 
Trustees, 66 111., 247.] 

5. Remonstrance. A remonstrance against granting a 
petition is often made, either orally or in writing, by the 
voters of a district interested. Sometimes the remonstrance 
is made by men who have signed the petition. A remon- 
strance has no legal standing before the trustees. It is 
simply an expression of their opinion upon the question at 
issue by certain interested persons. It may, or may not, 
show good reasons why the petition should not be granted; 



SCHOOL LAWS AND DECISIONS. 85 

but it can, under no circumstances, no matter by whom 
presented or signed, give the trustees power to refuse to con- 
sider a petition which has come before them in the way pre- 
scribed in the law. The fact that a man signs a remon- 
strance does not nullify his signature to the petition. 

6. Trustee not disqualified. A trustee is not disqualified 
from acting upon a petition by being a resident of an inter- 
ested district, or by having signed the petition. 

83. Right of appeal. § 54. The petitioners, or the legal 
voters who have appeared before the trustees at the meet- 
ing when the petition was considered, and opposed the 
same, shall have the right of appeal to the county super- 
intendent of schools: Provided, that the party appealing- 
files with the clerk of the trustees a written notice of appeal 
within ten days after the final action upon the petition by 
the trustees, which notice may be in the following form, 
to-wit: 

To the trustees of schools, to-wnship No range No of 

county, Illinois. 

You are hereby notified that the undersigned will appeal from your decision, 

made on the day of , A. D granting (or refusing) the 

prayer of the petition in regard to (here give substance of the petition concerned) 
to the county superintendent of schools of county, Illinois, as pro- 
Tided by law. 

Signed 

Who may appeal to County Superintendent. Peti- 
tioners are entitled to appeal to the county superintendent 
of schools if their petition has been refused by the trustees. 
If it be before two or more boards, an appeal will lie if one 
board refuses. Those opposed to a petition can have the 
right to appeal when it has been granted, if they first 
oppose it before the trustees. If they fail to oppose before 
the trustees, they cannot appeal. Notice of appeal must be 
filed, in writing, with the township treasurer within ten 
days of action by the trustees. If two or more boards of 
trustees must act upon a petition, and all do not act the 
'same day, the ten days will count from the date of action 
by the board acting last. 

84. Hearing by county superintendent. § 55. When 
an appeal is taken from the action of the trustees to the 
county superintendent, the clerk of the trustees shall, with- 
in five days after the written notice of the appeal has been 
filed with him by the appellants, transmit all the papers in 
the case, with a transcript of the records of the trustees, 
showing their action thereon to the county superintendent; 



86 SCHOOL LAWS AND DECISIONS. 

and iu case of an appeal, the townsliip treasurer shall be 
required to take no further action in the matter, except 
upon the order of the county superintendent, whose duty 
it shall be to investigate the case upon such appeal; and 
if, in his opinion, the change asked is for the best interests 
of the district or districts concerned, he shall make such 
change or changes; but if he considers the proposed change 
unadvisable, he shall refuse to make it, and shall reverse, 
if need be, the action of the trustees, and shall give the 
clerk, from whom he received the papers, immediate notice 
of his decision, and his action shall be final and binding. 
If the changes asked for by the petitioners shall be made 
by the county superintendent, he shall notify, in writing, 
the clerk by whom the papers in the case were transmitted 
to him, of his action, and the clerk shall thereupon make 
a record of the same, and shall, within ten days thereafter, 
make a copy of the same and a map of the township, 
showing the districts, and an accurate list of the tax-payers 
of the newly arranged districts, and deliver them to the 
county clerk for filing and record by him, the same as if 
the changes had been ordered by the trustees. 

1. Transmittal of Pajpers. If any township treasurer fail 
to transmit within five days the papers in an appeal case 
to the county superintendent, such failure makes the clerk 
liable to the fine imposed later in 115, but does not defeat 
the appeal. The trustees, or the county superintendent, 
upon learning of such neglect, should order the papers sent 
forward. 

2. Proceedings by Superintendent. The county superin- 
tendent, in considering the case upon appeal, should first 
ascertain whether the appeal has been taken in the way the 
way the law provides and by some persons having a right 
to appeal. If he finds that the appeal has not been prop- 
erly taken, he must dismiss the appeal, and notify the 
township treasurer that the case stands as left by the 
trustees. If the county superintendent finds that he has 
jurisdiction, he should next review the proceedings of the 
trustees, to ascertain whether they had jurisdiction, and 
whether they had proceeded according to law. If he finds 
in the case any error that the trustees have power to re- 
move, he can send the case back to the trustees, and direct 
them to hold a special meeting and take such action as- 
may be necessary to free the rec ord of the case from error. 



SCHOOL LAWS AND DECISIONS. 87 

(Such an error would be hearing the case before twenty 
days after filing the petition.) But if he finds incurable 
errors in the case, he must refuse the petition, and so in- 
struct the township treasurer. It is essential that the 
county superintendent take this course, in order that the 
whole transaction, which is statutory, may be in compli- 
ance with the law, and that the proceedings may be free 
from such errors as would compel setting them aside, if 
brought into court for review by a writ of certiorari, or 
called in question in quo warranto proceedings. 

Having found that the case is properly before him and 
that there is no error in the proceedings, he should then 
consider and decide the case upon its merits, having full 
discretion as to the mode of consideration and the decision. 
He should make a record of his proceedings and findings 
in the case, and send a copy of it to the township treas- 
urer at once. 

3. "Final and Binding^' mean What? The law says that 
the decision of the county superintendent shall be "final 
and binding." But this means only that his decision is 
final so far as the school law provides, and that school 
officers and all interested persons are required to obey it. 
It does not mean that the case may not be taken into court 
after action by the county superintendent. [Badger v. 
Knapp, 7 111. App. (7 Brad.), 222, State v. Graham, 60 
Wis. 395.] 

85. Appeal to two counties. § 56. In all cases where 
the territory affected by a proposed change of district 
boundaries is divided by a county line or lines, the appeal 
may be taken to the county superintendent of schools of 
any one of the counties in which said territory is partly 
located, and upon any appeal being taken in any such case, 
the county superintendent of schools, to whom such appeal 
is taken shall, forthwith, give notice to the county superin- 
tendent or superintendents of schools of the other county 
or counties of the pendency of such appeal, and of the time 
and place, when and where it will be heard, and the county 
superintendents of schools of the counties in w^hich the said 
territory is located, shall meet together at such time and 
place and together hear and determine said appeal. In 
case the said county superintendents shall be unable to 
arrive at an agreement, then the county judge of the county 



88 SCHOOL LAWS AND DECISIONS. 

where such appeal is pending, shall be called and shall con- 
stitute one of the board of appeal, and thereupon the ap- 
peal shall be heard and determined by them. And the 
county superintendent of schools to whom such appeal is 
taken, shall at once notify, in wanting, the clerk by whom 
the papers in the case were transmitted to him, of the 
action taken on such appeal as hereinafter provided. 

86. Map and list of taxpayers. § 57. Whenever 
change in boundaries is made by the trustees of schools, if 
no appeal is taken to the county superintendent, the clerk 
of the trustees shall make a complete copy of the record of 
the action of the trustees, which copy shall be certified by 
the president of the trustees and the clerk who shall file 
the same, together with a map of the township, showing 
the districts and an accurate list of the tax-payers of the 
newly arranged districts, with the county clerk for record 
within twenty days of the action of the trustees. 

1. Record. The record made of the action by the trust- 
ees should show every step taken and should be full and 
complete, so that their proceedings may be readily re- 
viewed it it should ever be necessary to do so. 

2. Filing Map, etc. The requirements of the law with 
regard to time for fihng map and calling an election are 
directory; and w^hile a mandamus will lie to compel the 
treasurer to act, and his neglect of duty makes him liable 
to a fine [115], such neglect does not defeat the action 
already taken. [Directors v. Directors, 73 111., 249.] De- 
cisions of the courts at variance with this were made upon 
a reading of the statute which, in exact words, made the 
filing of the map, etc., within the time named essential to 
the validity of the action. The law does not so read now. 
[Potter Y."^ Trustees, 10 111., App. (10 Brad.), 343.] 

87. Liable for bonded debt. § 58. In case any terri- 
tory shall be set off from any district that has a bonded 
debt, the change not being petitioned for by a majority of 
the legal voters of said district, such original district shall 
remain liable for the payment of such bonded debt; as if 
not divided. The directors of the original district having 
such bonded debt and of the district into which the terri- 
tory taken from such original district has been incorpor- 
porated or formed, shall constitute a joint board for the 
purpose of determining and certifying, and they shall de- 
termine and certify to the county clerk the amount of tax 
required yearly for the purpose of paying the interest and 



SCHOOT^ LAWS AND DECISIONS. 89 

principal of such bonded debt, which tax shall be extended 
l3j the county clerk against all property embraced within 
such original district, as if it had not been divided. 

Bonded Debt. If a change of district boundaries, affect- 
ing a district having a bonded debt, is made by reason of 
a petition of the first form above, presented by a majority 
of the legal voters of such district, then this provision of 
the law in reference to a bonded debt will not apply. [93, 
note 1.] 

88. Election in new district. § 59. When the trust- 
ees of schools shall organize a new district, as hereinbefore 
provided for, it shall be the duty of the clerk of the board 
of trustees, if no appeal is taken to the county superin- 
tendent, to order, within fifteen days after the action of 
the trustees, an election, to ba held at some convenient 
time and place within the boundaries of such newly organ- 
ized district, for the election of three school directors, 
notice being given by the township treasurer, who shall 
post up at least three notices of such election in at least 
three prominent places in said district, at least ten days 
prior to the time appointed for holding such election, which 
notices shall specify the place where such election is to be 
held, the time for opening and closing the polls, and the 
object of such election, which notice may be in the follow- 
ing form, to-wit: 

Election Notice. 

Public notice is hereby given that on the day of A. D. 

an election will be held at for the purpose of electing three 

school directors for the new district known as district No , in township 

No , range No of the P. M., in county, Illinois. 

The polls at said election will be opeued at o'clock M,, and close 

^t o'clock M. 

By order of the board of trustees of said township. 

Signed Township Treasurer. 

Election in Old District and New. When two districts 
■are formed, by division, out of one, each district, having 
different territory and a different voting population from 
what it had before, is to be regarded as a new district, 
and should, therefore, elect a new board of directors, who 
should draw lots for their respective terms of office, as in 
case of an original organization. The same should be 
done, and for the same reasons, when a new district is 
formed by the consolidation of two or more districts. If 
two districts are consolidated by the trustees, and the 
number and designation of one of the districts is retained as 
the number and designation of the new district, a new board 
—6 



90 SCHOOL LAWS AND DECISIOiNS. 

of directors should, nevertheless, be elected. The voting- 
population being changed by the consolidation, the ques- 
tion of who shall be directors of the new district should, of 
right, be referred back to the people. [Chesshire v. People, 
116 111., 493.] 

89. Judges, etc. § 60. At the time appointed for 
opening the polls for said election, it shall be the duty of 
the legal voters present, five of whom shall constitute a 
quorum, to appoint three of their number, two of whom 
shall act as judges, and one as clerk of said election, and 
the election in all other respects shall be conducted as 
other elections for the election of school directors. 

90. Organization. § 61. Within ten days after the 
election, it shall be the duty of the directors elected at such 
election, to meet at some convenient time and place pre- 
viously agreed upon by said directors and organize as a 
district board, by appointing one of their number presi- 
dent, and another of their number clerk of said board, as 
in other cases of the election of school directors. At this 
first meeting of the directors they shall draw lots for their 
respective terms of office for one, two and three years, each 
of which shall be considered a fractional term, ending at 
each annual meeting according to the term drawn. 

91. District formed by county superintendent. 
§ 62. In case a new district is organized by the action of 
the county superintendent, the said clerk of the board of 
trustees shall, within five days after he has received notice 
of the action of the county superintendent on the appeal, 
order an election of directors in the new district, the same 
as if the change had been made by the board of trustees, 
and such election shall be held in the same manner as the 
election provided for where the trustees have formed such 
new district. 

92. Division of funds. § 63. Whenever a new district 
has been formed by the trustees, or by the county super- 
intendent, or county superintendents, from a part of a. 
district or from parts of two or more districts, the trust- 
ees of the township or townships concerned shall proceed 
forthwith to make a distribution of tax funds, or other 
funds which are in the hands of the treasurer, or to which 
the district may, at the time of such division, be entitled, 
so that both the old and new districts shall receive parts 
of such funds in proportion to the amount of taxes col- 
lected, next preceding such division from the taxable prop- 
erty in the territory composing the several districts. If 
the new district be composed of parts of two or more dis- 



SCHOOL LAWS AND DECISIONS. 91 

tricts, the trustees shall make distribution of said funds 
between the new district and the old districts, respectively, 
so that the new district shall receive a distribution of the 
funds of each of the old districts, in the proportion which 
the amount of taxes collected from the property in the 
territory of the new district bears to the whole taxes col- 
lected, next before the division, in the old district; and the 
town treasurer shall forthwith place the sum so distributed 
to the credit of the respective districts, and shall imme- 
diately place the proportion of the funds to which said 
new district may be entitled to its credit on his books, 
and the funds on hand shall be subject at once to the order 
of the directors of the new district, and those not on hand 
as soon as collected. 

1. Division of Funds No division of funds or property 
is to be made by the trustees unless a new district is 
formed. If a portion of territory is cut off from one district 
and attached to another, thereby changing the boundaries . 
without establishing a new district, no division of funds or 
property is required. When a new district is formed, all 
funds on hand must be distributed at the time such new 
district is formed, and all funds due, but not yet paid in, 
must be divided as soon as received, except in case of 
debts, etc., as hereafter noted; and the distribution in both 
cases must be made in proportion to the amount of taxes 
collected from the property remaining in each district. 
"When a new district is formed, the school property, such 
as houses, sites, etc., must be appraised, and the value 
thereof apportioned among the several districts in the same 
proportion as the funds. The law requires a prompt divi- 
sion of funds and apportionment of the value of school 
property. The appraisal and apportionment of the value of 
school property should be made at the time the new dis- 
trict is formed, and it must be made within three months. 
For refusal to make the appraisal and distribution required 
by law, the trustees are liable. When a new district is 
formed by consolidation of two or more districts, the new 
district so formed owns all the corporate funds and prop- 
erty of the constituent districts. Where a school-house 
belongs to a district, but not the site on which it stands, 
the appraised value of said house must be apportioned as 



92 SCHOOL LAWS AND DECISIONS. 

above. The fact that the district does not own the site, 
does not release it from the obligation to divide the value 
of the house which it does own, and which both districts 
helped to build. 

2. Pending Contracts must be respected. Trustees may 
change the boundaries of districts at the regular meeting 
in April, but regard should always be had to the rights of 
parties under contracts previously made. In cases where 
schools are in progress in districts affected by the action of 
the trustees, such action should, when practicable, be made 
to take effect after the close of such schools. But if a dis- 
trict is actually abohshed, by attaching its territory ,to 
another district or districts, duritig a term of school, the 
directors of the district or districts receiving the territory 
and the property of the district so abolished or broken up, 
must be made liable to the teacher for the full amount of 
his wages under his contract with the directors of the abol- 
ished district, or the board of directors who employed him 
must continue responsible for his wages. The same prin- 
ciple applies where a district is divided and a portion set 
off to another district, one or more of the directors being 
residents of the portion set off. The persons elected to fill 
the vacancies are bound to respect the contract of the 
teacher, the same as the original directors. So, also, when 
a new district is formed out of an old one having funds on 
hand, but specifically set apart to the payment of a teacher 
then engaged in teaching, the funds so set apart should not 
be divided, but applied to said specific purpose. The pro- 
visions of the law in this respect should be understood as 
applying only to the funds not already specifically appro- 
priated. [Rogers v. People, 68 111., 154.] 

3. Division of Funds illustrated. In the division of funds, 
two classes of cases are involved, and only two: First, 
when two districts are made out of one ; Second, when the 
territory of the new district is taken from that of two or 
more districts. The application of the rule, in each case 
is as follows: 

(1.) Suppose district A. is divided into two districts, B. and 
C, and that a.t the time of the division A. had on hand, or 



SCHOOL LAWS AND DECISIONS. 93 

due and receivable, fSOO.OO. Suppose, further, that the 
amount of taxes last collected from A. was |700.00, of 
which the property in B. paid |400.00, and the property 
in C. 1300.00, Under the rule of the law, district B. is en- 
titled to four-sevenths of the |300.00, or |171.43; and 
district C. is entitled to three-sevenths of the said |300.00 
or 1128.57. 

(2.) Again: Let a new district, D., be formed from parts 
of two old districts, E. and F.; and, at the time the new 
district is made, let E. have on hand |400.00 and F., 
1300.00. Let the amount of taxes last collected from E. 
be 11,500.00, of which sum |600.00 came from the prop- 
erty in that part of D. that was taken from E. Let the 
amount of taxes last collected from F. be |1,000.00, of 
which 1300.00 came from that part of D. that was taken 
from F. Applying the same rule of the law, D. is entitled 
to two-fifths of E.'s 1400.00, or |160.00, and to three- 
tenths of F.'s 1300.00, or $90.00— making |250.00 in all. 
Hence, on final adjustment, each district's share of the 
funds on hand will be D., |250.00, E., $240.00, and F., 
$210.00. These illustrations show the manner of solution 
of everj^ case that can arise. 

93. Division of real estate. § 64. The trustees of the 
township or townships concerned shall, at the time of the 
creation of a new district, or within the period of thirty 
days thereafter, proceed to the appointment of three ap- 
praisers, who shall not be citizens of the township or town- 
ships interested. It shall be the duty of said appraisers, 
within thirty days after their appointment, to appraise the 
school property, both real and personal, of the district or 
districts interested, at their fair cash value. Within thirty 
days after such appraisement, the trustee or trustees of 
the township or townships concerned shall proceed to charge 
the property to the district in which it may be found, and 
to credit the other district interested therein with its pro- 
portion of such valuation; Provided, that the bona fide 
debts, if any, of the old district, shall be deducted and the 
balance charged and credited as aforesaid; and the trust- 
ees shall direct the treasurer to place to the credit of the 
district not retaining said property, its proportion of the 
value of said property, and of the funds then on hand, or 
subsequently to accrue, belonging to such, district to which 
such property is charged. 



94 SCHOOL LAWS AND DECISIONS. 

1. Division of Other Property— Appraisal. The valuation 
put upon property by the appraisers must be accepted as 
final; but if their action is tainted with fraud, or if too 
much or too little property was included in the valuation, 
the trustees may order a new appraisal. Of this estimated 
cash value, each district concerned is to have a certain 
share. The share in the property that each district shall 
have is to be found and determined by the same rule that 
applies to the division of funds, that is, in proportion to 
the amount of school taxes last collected from the respect- 
ive districts. 

To illustrate: District A. is divided, making districts B. 
and C. The house falls in district B. The estimated cash 
value of the house is $1,000. The tazes last collected from 
the property in B. amounted to |2,500.00; those last col- 
lected from the property in C. amounted to $1,500.00. 
District B. is therefore entitled to five-eighths of the 
$1,000.00, or $625.00, and district C. to three-eights, or 
$375.00. 

But how is district C. to get is $375 00? Thus: The 
trustees are to order the treasurer to place that amount 
to the credit of district C. out of the funds in his hands 
belonging to district B., if the amount in his hands, as 
aforesaid, is sufficient for that purpose. If there are no 
funds in the treasurer's hands belonging to district B., or 
not enough to pay what is due to district C, then the 
treasurer is to place said amount, or the balance there'of, 
as the case may be, to the credit of C. out of the funds 
"subsequently to accrue" to district B. The debt, or the 
I balance thereof, is to be paid from the first funds belong- 
ing to B. coming into the treasurer's hands, whether they 
be state, county, township or district funds. Knowing its 
liability, and the amount thereof, district B. must provide 
therefor, or for any unpaid portion thereof, by a special 
district tax, or by including the amount in its annual tax 
for current expenses. It is the intention of the law to 
complete and conclude such transactions as soon as pos- 
sible. Hence, the judgment of the appraisers is final, and 
the payment of the sum due the district not retaining the 
property, is thereafter in the hands of the trustees and 



SCHOOL LAWS AND DECISIONS. 95 

treasurer exclusively, wlio must cause settlement to be made 
as aforesaid. For failure to divide funds and property as 
enjoined by this section, trustees are heavily liable, both 
individually and jointly. Districts which have heretofore 
failed to obtain their just share of the value of school 
property, are also entitled to redress under the provisions 
of this section. 

2. Debts deducted. The bona tide debts of the old districts 
must be deducted, before the funds and property are divided 
between the two districts. If, for instance, a district has 
on hand |100.00, and school property valued at |1,000.00, 
but is indebted to teachers, or otherwise, to the amount 
of 1300.00, and under these circumstances a portion of its 
territory is cut off and erected into a new district, the 
$100.00 on hand, and $200.00 of the value of property, 
must be deducted and set apart for the payment of said 
debt of the old district; incurred before the division, and 
the remainder only of the value of the property ($800.00) 
divided between the two districts, in the manner prescribed 
by law. The equity of this provision is too plain for re- 
mark. 

3. Liability of one District to another enforced. The 
liability of one district to another for a failure to pay the 
amount due on a division of property may be enforced by 
a suit in equity. [Directors v. Directors, 73 111., 249; 
Directors v. Directors, 16 111. App. (Brad.), 651.] 

4. Bonded Debt. If, however, in accordance with 87, the 
territory of the original district is to continue liable for 
the bonded debt, the amount of such debt must not be de- 
ducted from the valuation of the propert^^; for to deduct 
it would give one part of the district the property for the 
difference between the valuation and the debt, and yet re- 
lieve it from a part of the debt, while the other part would 
be credited with its share of the property less the debt, 
and still be held for a part of the debt. 

5. Districts may not waive their Rights. A new district 
may not agree with an old one from which a part or a 
whole of its territory is taken, for a disposition of property 
different from that provided by law. [People v. Hodge, 4 
Neb., 265; State v. Kidd, 63 Wis., 337.] 



96 SCHOOL LAWS AND DECISIONS. 

6. District dissolved by adding Part to one, and Part to 
another District. One case the law does not provide for: 
If a district (not a union district, petitioning under the^ 
last paragraph of the section) is dissolved by adding a= 
part of it to one district and the rest to another, the law 
does not say what the trustees shall do with its funds and 
property, if anything is left after paying its debts. The^ 
law being silent, all that can be said is that the realty 
would belong to the district to which it falls by the action 
of the trustees; and that the trustees could make such dis- 
position of the funds between the two districts as they deem 
fair. 

7. All Adjustment of Funds made by Trustees and Treas- 
urer. All adjustment of district funds made necessary by 
this section may be made by the treasurer under the direc- 
tion of the trustees. 

8. New District to receive Funds in October. A new 
district will be entitled, the same as an old one, to its share 
of the funds distributed by the trustees in October and 
April next after its organization. 

94. Trustees liable. § 65. If the trustees shall fail to 
observe the provisions of sections 63 and 64, in reference 
to distribution of funds and property, they shall be indi- 
vidually and jointly liable to the district interested, in an 
action on the case, to the full amount of the damages sus- 
tained by the district aggrieved . Where trustees have here- 
tofore failed to make distribution of property to districts,- 
as provided in said sections 63 and 64 of this article, the 
district interested in the making of such distribution may,, 
by its directors, request the trustees, in writing, to proceed 
to make such distribution; and said trustees shall proceed 
to make such distribution in the manner prescribed, and 
shall be liable, as herein stated, for a neglect or failure so 
to do. 

95. Clerk liable. § 66. The clerk of any board of 
trustees who shall fail, neglect, or refuse to perform the 
duties imposed upon him by this article of this act, or -any 
of them, within the time and in the manner prescribed, 
shall, for each offense, forfeit not less than ten dollars 
(|10), nor more than twenty-five dollars (f25) of his pay 
as clerk of the board of trustees and township treasurer,, 
which forfeiture shall be enforced by the trustees. 

96. District having no scliooi for two years. § 67. 
If any school district shall, for two consecutive years, fail 



SCHOOL LAWS AND DECISIONS. 97 

to maintain a public school, as required by law to do, it 
shall be the duty of the trustees of schools of the township, 
or townships, in which such district lies, to attach the ter- 
ritory of such district to one or more adjoining school dis- 
tricts; and in case said territory is added to two or more 
districts, to divide the property of said district between the 
districts to which its territory is added, in the manner 
hereinbefore provided for the division of property in case a ' 
new district is organized from a part of another district, , 
and the action of the trustees in such a case shall be final 
and binding. And the clerk of the trustees in such case 
shall file a copy of the record of the same, together with 
the map and list of tax-payers with the county clerk as in 
other cases of change of district boundaries. 

District which ha,s had no School for two Tears. When- 
ever it is brought to the knowledge of the trustees of a 
school township that any school district within their juris- 
diction has failed for two consecutive school years (for this 
purpose the year ends June 30 [66], to maintain a legal 
school, they should at once proceed to attach its territory 
to one or more adjoining districts. In the case of a union 
district, the fact of delinquency should be estabhshed by the 
concurrent action of the two or more boards of trustees; 
but each board will by itself dispose of the territory in its 
township, unless it is proposed to add it to some district 
lying in whole or in part in another township, in which 
case concurrent action with the board of trustees of such 
other township is essential. 

Under this provision of the law the trustees take action 
without any petition; and a petition, if presented, has no 
legal standing — it merely expresses the opinion of the peti- 
tioners. 

97. Dissolution of a union district. § 68. The ma- 
jority of legal voters of a district lying in two or more 
townships may secure the dissolution of said district by 
petitioning the several boards of trustees of said townships, 
at their regular meeting in April, that each will add the 
territory belonging to said district, in its township, to One 
or more adjacent districts. Upon receipt of such petition, 
or the returns of the election (in districts containing one 
thousand or more inhabitants) the several boards of trust- 
ees shall each make such disposition of the territory of said 
district as lies in its township, and they shall jointly make 
such division of property of said district between the dis- 



98 SCHOOL LAWS AND DECISIONS. 

tricts to which its territory is attached, as is hereinbefore 
provided in the case of the organization of a new district 
from a part of another district. The action of the trustees, 
in accordance with such petition or election, shall be final 
and binding, and the clerks of the several boards of trust- 
ees, in such case, shall file a copy of the record of the same, 
together with the map and lists of tax-payers with the 
county clerk, as in other cases of change of district bound- 
aries. 

Union District dissolved. Whether the petition required 
by this paragraph is sufficient or not is a question to be 
determined by the concurrent action of the trustees of the 
two or more townships in which the union district lies. 
The petition must be signed by a majority of the legal 
voters of the whole district; it does liot require the signa- 
ture of a majority of the legal voters of each part. The 
petition being found sufficient, the union district is thereby 
dissolved, and each board of trustees proceeds thereupon 
to make such disposition as it deems best of so much of the 
territory of the dissolved district as lies in its township, 
not being bound in relation thereto by any petition or 
petitions received asking for a particular disposition of the 
territory or any pa.rt thereof. The trustees must dispose 
of the whole territory, and must do this in such a way as 
will in their judgment best suit the wishes and convenience 
of the majority of the people interested. 

98. Successors. § 69. The trustees of schools, elected 
as provided for in this article, shall be the successors to 
the trustees of school lands, appointed by the county com- 
misoners' court, and of trustees of schools elected in town- 
ships under the provisions of "An Act making provisions 
for organizing and maintaining common schools," approved 
February 26, 1841, and "An Act to establish and main- 
tain common schools," approved March 1, 1847, and "An 
Act to establish and maintain a system of free schools,"" 
approved April 1, 1872. All rights of property, and rights 
and causes of action, existing or vested in the trustees of 
school lands, or the trustees of schools appointed or elect- 
ed as aforesaid, for the use of the inhabitants of the town- 
ship, or any part of them, shall vest in the trustees of 
schools, as successors, in as full and complete a manner as 
was vested in the trustees of school lands, or the trustees 
of schools appointed and elected as aforesaid. 



SCHOOL, LAWS AND DECISIOXS. 



99 



AETICLE 4. 



TOWNSHIP TEEASURER. 



§ 1. Bond; form of bond. 

§ 2, Treasurer's accounts; record of 
notes and bonds; subject to in- 
spection. 

§ 3. Terms of loans. 

§ 4. Securities to run to board of 
trustees. 

§ 5. Surplus district funds may be 
loaned. 

§ 6. Statement of loans to be deliv- 
ered to county supeiintendent. 

§ 7. Form and release of mortgage. 

§ 8. Action on mortgage; insurance 
policies. 

§ 9. Additional security. 

§ 10. Preference given to debts due to 
school fund. 

§ 11. Default in payment; penalty; 
action to recover interest. 

§ 12. Manner of bringing suits. 



§15. 
§ 16. 



§18. 



§ 19. 
§ 20. 



Treasurer shall keep money, 
books and papers, and keep 
funds at interest- 
Semi-annual statement to trust- 
ees. 
Annual exhibit. 
Statement to districts; exhibit to 

be posted. 
Penalty for failure to perform 
requirements of the preceding 
sections. 
Unpaid orders of teachers to 

draw interest. 
Additional duties defined. 
Treasurer liable for failure to per- 
form his duties, but not liable 
when acting under orders of 
board. 
Bonds, securities, etc., to be 
turned over to successor; pen- 
alty and judgment- 
Compensation of the treasurer. 

99. Bond. § 1. The township treasurer appointed by 
the board of trustees of schools shall, before entering upon 
his duties, execute a bond with two or more freeholders, 
who shall not be members of the board, as securities, pay- 
able to the board of trustees of the township for which he 
is appointed treasurer, with a sufficient penalty to cover all 
liabilities which may be incurred, conditioned faithfully to 
perform all the duties of township treasurer in township 
No , range No , in county, ac- 
cording to law; which bond shall be approved by at least 
a majority of the board, and shall be delivered by one of 
the trustees to the county superintendent of the proper 
county. And in all cases where such treasurer aforesaid is 
to have the custody of all bonds, mortgages, moneys and 
effects denominated principal, and belonging to the town- 
ship for which he is appointed treasurer, the penalty of said 
treasurer's bond shall be twice the amount of all bonds, 
notes, mortgages, moneys and effects; and shall provide 
for the faithful accounting for, and turning over, of all 
such bonds, notes, mortgages, moneys and effects, as shall 
come into his hands while he may act as such treasurer, 
under such appointment, to his successor, when appointed 
and qualified, as herein provided, by giving bond. The 
penalty of said bond shall be increased from time to time, 
as the increase of the amount of notes, bonds, mortgages 
and effects may require, and whenever, in the judgment of 
the trustees or county superintendent, the security is in- 
sufficient. Any and eveiy township treasurer appointed 



100 SCHOOL LAWS AND DECISIONSo 

subsequent to the first, as herein provided, shall execute 
bond with security, as is required of the first treasurer. 

The bond required in this section shall be in the follow- 
ing form, viz.: 

state of Illinois, I „„ 

County, f^^- 

Know all men by these presents that we, A. B., C. D. and E. F.. are held and 

firmly bound, jointly and severally, unto the board of trustees of township , 

range In said county, in the penal sum of dollars, Jor the pay- 
ment of which we bind om-selves, our heirs, executors and administrators, firmly 
by these presents. 

In witness whereof, we have hereunto set our hands and seals this 

day of , A. D. 18 The condition of the above obligation is such, 

that if the above bounden A. B . , township treasurer of township 

range in the county aforesaid, shall faithfully discharge the duties of 

said office, according to the laws which now are, or may hereafter be in force, 
and shall deliver to his successor in office, after such successor shall have fully 
aualifled, by giving bond as provided by law, all moneys, books, papers, securi- 
ties and property, which shall come into his hands or control, as such township 
treasurer, from the date of this bond up to the time that his successor shall Jiav© 
duly qualified as township treasurer, by giving such bond as shall be recLuired 
by law, then this obligation to be void; otherwise to remain in full force and 
virtue. 

Approved and accepted by: 

G. H.,) A. B., (Seal) 

I. J., ^Trustees. CD., (Seal) 

K. L. j E. F. (Seal) 

1. Treasurer's Bond. The penalty of the bond should 
be twice the amount of moneys, notes, mortgages and 
effects in the custody, or to be in the custody of the town- 
ship treasurer. The bond must first be approved by the 
trustees, then filed with the county superintendent and ap- 
proved by him. The approval in each case should be en- 
dorsed upon the bond with date of same, and should also 
be made a matter of record by the trustees. 

Either the board of trustees or the county superintend- 
ent may require an increase of the bond or additional 
security whenever they consider the bond insufiicient. For 
the liability of the trustees, if the treasurer's bond should 
prove insufficient, see 275. 

The treasurer's bond must be in the form prescribed by 
law. It must, also, be acknowledged by both the principal 
and each of the sureties. [Sec. 1, Chap. 103, Rev. Stat.'] 

2. A Treasurer re-appointed gives a New Bond. When 
the old treasurer is re-appointed, he must give a new bond; 
the obligation of the sureties is limited to the term for 
which they are security. [Potter v. Trustees, 11 111. App. 
(11 Brad.), 280; 26, note 3.] 

3. But one Bond required. No township treasurer is re- 
quired to execute more than one official bond. When a 
township hes partly in two counties, the treasurer will file 
his bond with the county superintendent of the county in 



SCHOOL LAWS AND DECISIONS. 101 

which the school section, or the greater part thereof, is 
situated; and the certificate of said superintendent will be 
sufficient evidence to the superintendent of the other county, 
that the treasurer's bond has been filed according to law. 
' 4. The Treasurer's Liability. The treasurer must re- 
spond in money or in securities for the whole amount of 
the funds received less such sums as have been lawfully dis- 
bursed. 

"The fact that the township treasurer is required to re- 
ceive money, and enter it in his cash book, implies with- 
out any other special regulations, that he is to keep it, 
and being required to keep it, it follows he is to keep it 
safely. This is one of the duties of his office he has under- 
taken faithfully to discharge. Another duty, no less im- 
portant, is, that he will deliver to his successor in office 
all moneys in his hands as such township treasurer, which 
he could not do if he suffered it to be lost out of his ha,nds, 
or it should be so lost by any accident. The undertaking 
is that the money shall be in his hands. These duties he 
has undertaken to perform unconditionally. 

"'The liability of the treasurer arises out of his official 
bond. He has made by that bond an express contract 
with the trustees, that he will keep safely the moneys 
which shall come to his hands. It is so 'nominated in the 
bond,' when that is read in the light of the statute pre- 
scribing his duties, and considerations of public policy for- 
bid that he should be permitted to avail of any extraneous 
iact outside of the condition of the bond. The treasurer 
well knew and understood the contract he had entered into, 
and the extent of the obligation he had voluntarily in- 
curred, and he has obtained all he contracted for — the pos- 
session of the office, with the emoluments attached to it. 

"We think there is no principal on which the defense can 
be sustained, the contract being absolute, without any con- 
dition, express or implied. In these days of remorseless 
peculation upon the public, by its functionaries, indeed, at 
all times public policy demands, that depositaries of the 
public money should be held to the most rigid account- 
ability, within the terms and scope of their covenants. 

"They know well, on assuming their positions, the 
hazards to which they are exposed, and they voluntarily 
assume the risks, and are paid for so doing. Township 
treasurers, under our statute, sections of which we have 
cited, are made insurers of the funds coming to their pos- 
session, and nothing should or can excuse them but the 
act of God, or of the public enemy. There would be no 



102 SCHOOL LAWS AND DECISIONS. 

surety to the public, were not this the rule. A distinct and 
well defined liability is imposed on them by statute, and if 
it be not met to its fullest extent, the fact that the omis- 
sion occurred, from misfeasance, or negligence, or other 
unavoidable accident, or by a felony committed by another, 
furnishes no defense to the action on the bond." [Thomp- 
son V. Trustees, 30 111., 99; Trustees y. Smith, 88 111., 181.] 

5. Trustees may not release Treasurer and his Bondsmen. 
Township trustees have no power whatever to release town- 
ship treasurer or the securities of a township treasurer 
from their liability on his bond. If suit is brought against 
a township treasurer, by action of debt on his bond, and 
judgment is obtained and execution issued, and no prop- 
erty of treasurer is found oat of which to make the debt, 
and recourse is had upon the property of his bondsmen, 
the trustees can not, under any circumstances whatever, 
make an order releasing said bondsmen, and requiring the 
officer to desist from making the money out of their prop- 
erty. By so doing they become themselves liable, jointly 
and severally, in an action on the case, for the whole amount 
of the debt, lost by their official misconduct; and the same 
can be recovered in an action brought for the use of the 
proper township. 

6. Action on Treasurer's Bond— How and where brought. 
In all cases where recourse by suit on a township treas- 
urer's bond becomes necessary, the suit should be brought 
by the board of trustees in their corporate capacity, in 
the circuit court. [Thompson v. Trustees, 30 111., 99.] 

100. Accounts. §2. Every township trea,surer shall pro- 
vide himself with two well bound books, the one to be called 
a cash book, the other a loan book. He shall charge him- 
self in the cash book with all moneys received, stating the 
charge, when, from whom, and on what account received; 
and credit himself with all moneys paid or loaned, stating 
the amount loaned, the date of the loan, the rate of in- 
terest, the time when payable, the name of the securities, 
or, if real estate to be taken, a description of the same. 

He shall also enter, in separate accounts, moneys received 
and moneys paid out, charging the first to debit account, 
and crediting the latter as follows, to-wit: 

First— The principal of the township fund, when paid in, 
and when paid out. 



SCHOOL LAWS AND DECISIONS. 103 

Second— The interest of the township fund, when received 
and when paid out , 

Third— The common school fund and other funds, when 
received from the county superintendent, and when paid 
out. 

Fourth— The taxes received from the county or town col- 
lector, for what district received, and when and for what 
purpose paid out. 

Fifth — Donations received. 

Sixth — Moneys coming- from all other sources; and in all 
cases entering- the date when received, and when paid out. 
And he shall also arrange and keep his books and accounts 
in such other manner as may be directed by the state or 
county superintendent, or the board of' trustees. He shall 
also provide a book, to be called a journal, in which he 
shall record, fully and at length, the acts and proceedings 
of the board, their orders, by-laws and resolutions. And 
he shall also provide a book, to be called a record, in 
which he shall enter a brief description of all notes or bonds 
belonging to the township, and upon the opposite page he 
shall note down when paid, or any remarks to show where 
or in what condition it is, as in the following form, viz: 

Maker's Name. Date of Note. When Due. Amount, Remarks. 

A. B., C. D., E. F. January 1,18.... January 1,18.... S90.00 January 6th, 

18... handed to 
I. J., for ool- 
leotion(or Jan- 
uary 6th, 18... » 
paid.) 

All the books and accounts of the treasurer shall at all 
times be subject to the inspection of the trustees, directors, 
or other person authorized by this act, or by any com- 
mittee appointed by the voters of the township, "^at the 
annual election of trustees, to examine the same. 

1. Treasurer's Accounts. The treasurer handles three 
classes of funds, and in order to keep his accounts intelli- 
gently, he must keep an account with each class. The 
funds are: 

(1) The Principal of the Township Fund. 

(2) The Distributable Fund. 

(3) The District Funds. 

2. Principal of the Township Fund. The treasurer should 
keep with this fund both a cash and an investment account. 

The cash account should show, for any period, on one 
side the cash on hand at the beginning, and each amount 
received as loans are paid off from time to time, or from 



104 SCHOOL LAWS AND DECISIONS. 

any other source. The treasurer should remember, how- 
ever, that interest and rents go to the distributable fund 
and should not be entered here. On the other side should 
be shown the serveral sums loaned, and losses of cash if 
any; and the account is balanced by cash on hand. 

The investment account should show at the beginning, 
the aggregate of all classes of investments, these being 
notes on personal and real estate security, school bonds 
and real estate. It should further show the several addi- 
tions to the investments; and the deductions, and the 
proper footing should give at any time the amount of the 
principal then invested. This amount, with the cash on 
hand in the cash account, should always be the sum of 
the principal of the township fund. 

The treasurer should also keep a carefully written up in- 
ventory, or record, of all notes, bonds and real estate held 
as principal of the fund. 

3. Distributable Fund. This fund consists of all moneys 
received to be distributed by the trustees to the several 
districts of the township at their regular meetings in April 
and October. Starting with the balance, if any, left over 
from the preceding distribution, the account should show 
the amounts received as income of the township fund, in- 
terest and rents, and from the county superintendent on 
apportionments. On the other side it should show the 
amount paid the treasurer for salary; all incidental ex- 
penses of the treasurer allowed by the trustees and paid 
out of this fund (this is the only fund they can draw upon 
for expenses); the amounts distributed by the trustees and 
put to the credit of the several districts, and it is balanced 
loj cash on hand. 

4. District Funds. The treasurer must keep an account 
with each district and fraction of a district in his township 
The account should show the balance from the last settle- 
ment and the receipts in detail with sources — the chief 
being usually the amounts received from the distributions 
by the trustees and from taxes. On the other side should 
be shown the expenditures in detail, and the account is 
balanced by cash on hand. Since all payments are upon 



SCHOOL LAWS AND DECISIONS. 105 

orders, the treasurer will find it convenient to note the 
number of each order in connection Avith the entry of its 
payment. 

5. Expert Book-keeping not demanded. It will not take 
an expert accountant to keep the treasurer's books as 
above indicated; and yet, kept in that way, they will show 
all that they need show; and if they are constantly written 
up, a glance at them at any time will show how any dis- 
trict or any fund stands, and the condition of each loan. 
The securities and books can then be easily inspected, all 
receipts and expenditures readilj^ checked off, and the sum 
of the cash balances in the several accounts will be the 
total cash on hand, which the treasurer may be called upon 
to show. 

101. Loans. § 3. Township treasurers shall loan, 
upon the following conditions, all moneys which shall come 
to their hands by virtue of their office, except such as may 
be subject to distribution. The rate of interest shall not 
be less than six (6) per cent., nor more than eight (8) 
per cent, per annum, payable annually, the rate of interest 
to be determined by a majority of the township trustees 
at any regular or special meeting of their board. No loans 
shall be made for less than six (6) months, nor more than 
five (5) years. For all sums not exceeding two hundred 
dollars (|200) loaned for not more than one year, two (2) 
responsible sureties shall be given; for all sums over two 
hundred dollars, ($200), and for all loans for more than 
one (1) year, security shall be given by mortgage on real 
estate unincumbered, in value forty per cent, more than 
the amount loaned with a condition that in case addi- 
tional security shall be at any time required, the same shall 
be gived to the satisfaction of the board of trustees for 
the time being; Provided, that nothing herein shall prevent 
the loaning of township funds to boards of school directors 
taking bonds therefor, as provided in section 1 article 9 
of this act. 

1. What funds may he loaned. The law says the treas- 
urer shall loan all moneys which come into his hands by 
virtue of his oflice, except such as may be subject to dis- 
tribution; but this refers to the principal of the township 
fund only, not to district funds held for district purposes. 
The treasurer is required to keep the principal of this fund 



106 SCHOOL LAWS AND DECISIONS. 

constantly loaned at interest so that the whole fund may 
be productive. 

2. Rate of Interest. Township treasurers are authorized 
to loan the principal of the township fund, at a rate of 
interest not less than six per cent., nor more than eight 
per cent, per annum, payable annually. No action of the 
board of trustees is necessary to warrant loans at eight 
per cent., that being the maximum rate allowed by law; 
but no loans can be made at a rate of interest less than 
eight per cent., without the approval of a majority of the' 
board of trustees, by whom such rate must be determined. 

3. Loans on Personal Security. These may not be made 
for more than one year, and one person may not be loaned 
more than two hundred dollars upon this form of security. 
There must be two sureties of such a loan in addition to 
the principal — three names upon the note. When a loan of 
this class matures, if the borrower wants the money longer^ 
the treasurer, if he exten is the loan, should in all cases re- 
quire a new note. Treasurers will greatly diminish the 
losses of the township fund if they adhere strictly to this 
rule, and collect principal and interest on this class of 
loans promptly when due. 

4. Loans on Meal Estate. In making loans upon real 
estate security, the treasurer must know that the borrower 
has good title and that the mortgage given is a first lien. 

The treasurer is the responsible judge of the sufficiency of 
the security offered for a loan of school money. ^Trustees 
V. Baker, 24 111. App. (Smith), 231.] 

By the statute of limitations, the mortgage remains a 
lien for ten years after the maturity of the loan. 

5. Loans to School Districts. The township fund may 
be invested in school bonds; but on these, as on other 
securities, the interest must not be less than six per cent. 
The treasurer, in taking school bonds, should ascertain 
whether they have been issued in accordance with the law. 
[Art. 9.] 

6. A Trustee may not borrow Money from the Township 
Fund. The trustee may not borrow money from the school 
fund of his township or become surety for a borrower; and 
if he is a borrower or a surety when elected, he must pay 



SCHOOL LAWS AND DECISIONS. 107 

off Ms own loan if it matures while he is in office; and 
when the loan for which he is surety falls clue, some one 
else must take his palace as surety, if the money is re-loaned 
to the same borrower. 

7. The Treasurer must not borrow from the Fund. The 
treasurer acts in a fiduciary capacity and may not borrow 
from the trust funds in his charge. His act in so doing- 
would be a clear violation of law. It would be converting 
the fund to his own use, in effect, which is forbidden by 
280. [Moore v. Trustees, 19 111., 83; State v. Greene, 101 
Ind., 532.] 

8. Liability of the Treasurer in making Loans. The treas- 
urer is held strictly accountable on his bond to conduct 
the business of loaning the fund in accordance with the law, 
and this liability attaches as soon as a loan is made in an 
unlawful manner. It is not necessary to wait until it has 
been ascertained that there will be a loss; suit may be begun 
at once. [Trustees v. Misenheimer, 78 111., 22; People v. 
Haines, 5 Oilman, 528.] 

9. Investments on other Securities. The law limits the 
investments of township funds to the securities named, and 
the treasurer is by implication forbidden to make invest- 
ments on any other security. But lending the funds on 
other securities than these mentioned and prescribed is a 
misapplication for which the treasurer is liable, as just 
shown above; it does not discharge the borrower. [Little- 
wort V. Davis, 50 Miss., 403.] 

102. Notes, etc., payable to trustees. § 4. Notes, 
bonds, mortgages and other securities taken for money or 
other property due, or to become due to the board of 
trustees for tlhe township, shall be payable to the said 
board by their corporate name;* and in such name, suits, 
acti-ons and complaints, and every description of legal pro- 
ceedings may be had for the recovery of money, the breach 
of contracts and for every legal liability which may at any 
time arise or exist, or upon which a right of action shall 
accrue to the use of such corporation: Provided, however, 
that notes, bonds, mortgages, and other securities in which 
the name of the county superintendent, or of the trustees 
of schools are inserted, shall be valid to all intents and 

Form No. 23. 



108 SCHOOL LAWS AND DECISIONS. 

purposes, and suit shall be brought in, the name of the 
board of trustees as aforesaid. The wife of the mortgagor 
(if he is married) shall join in the mortgage given to secure 
the paj^ment of money loaned by virtue of the provisions 
of this act. 

103. Surplus loaned. § 5. Whenever there is a surplus 
of funds in the treasurer's hands belonging to any school 
district, the treasurer may loan the same for the use and 
benefit of such district, upon the written request of the 
directors of said district and not otherwise; and all such 
loans shall be on the same conditions as are prescribed in 
this article for the loaning of township funds. 

Effect of the Request. The request made in writing will 
authorize the treasurer to loan the funds; but he must pro- 
ceed upon his own responsibility and in accordance with 
the law. A request in writing that he make a loan upon 
insufficient security will not relieve him from responsibility 
in case of loss. \_Trustees v. Baker, 24 111. App. (Smith), 
231.] 

104. Statement to county superintendent. §6. The 
township treasurer shall, on or before the 30th day of June 
annually, prepare and deliver to the county superintendent 
of his county, a statement, verified by his affidavit, show- 
ing the exact condition of the township funds. Said state- 
ment shall contain a description of the securities, bonds, 
mortgages and notes belonging to the township, giving 
names of securities, dates, amounts of loans, rate of inter- 
est, when due and all data by which a full understanding 
of the condition of the funds may be obtained. The county 
superintendent shall preserve such statement for the use of 
the township. 

105. Mortgages. § 7. Mortgages to secure the pay- 
ment of money loaned under the provisions of this act, may 
be in the following form, viz: 

I, A B, of the county of and state of do herebv grant, 

convey and transfer to the trustees of schools of township range No. 

in the county of , and State of Illinois, for the use of the in- 
habitants of said township, the following described real estate, to-wit: (Here 
insert premises), which real estate I declare to be in mortgage for the payment 

of dollars loaned to me, and for the payment of all interest that may 

accrue thereon to be compuied at the rate of per cent, per annum until 

paid. And I do hereby covenant to pay the said sum of money in years 

from the date hereof, and to pay the interest on the same annually, at the rate 
aforesaid. I further covenant, that I have a good and valid title to said estate, 
and that the same is free from all incumbrance, and that I will pay all taxes and 
assessments which may be levied on said estate; and that I wiU give any addi- 
tional security that may at any time be required in writing by said board of 
trustees, and if said estate be sold to pay said debt, or any part thereof, or for 
any failure or refusal to comply with or perform the conditions or covenants 
herein contained, I will deliver immediate possession of the premises. And it is 
further agreed, by and between the parties, in case a bill is filed in any court to 
foreclose this mortgage for non-payment of either principal or interest, that the 
mortgagor wiU pay a reasonable solicitor's fee and the same shall be included in 



SCHOOL LAWS AND DECISIONS. 109 

the decree and be taxed as costs, and we, A B., and C, wife of A B., hereby re- 
lease all right to the said premises which we may have by virtue of any home- 
stead laws of this state, and in consideration of the premises. C, wife of A B., 
doth hereby release to said board all her right and title of dower in the afore- 
granted premises for the purpose aforesaid. 

In testimony whereof, we i.ave hereby set our hands and seals, this 

day of 18 

A B (Seal.) 
C B (Seal.) 

Which mortga.o;e shall be ackriowle(!lged and recorded as 
is required by law for other conveyances of real estate, the 
mortgagor paying expenses of acknowledgment and re- 
cording. 

On payment of any school mortgage in full, it shall be 
the duty of trustees of schools to give a deed of release of 
such mortgage, or to enter satisfaction thereof upon the 
record, such deed of release or satisfaction to be executed 
by the township treasurer. 

106. Breach — Valuation. § 8. Upon the breach of 
an}'- condition or stipulation contained in said mortgage, 
an action may be maintained and damages recovered as 
upon other covenants; but mortgages made in any other 
form to secure payment, as aforesaid, shall be valid as if 
no form had been prescribed. In estimating the value of 
real estate mortgaged to secure the payment of money 
loaned under the provisions of this law, the value of im- 
provements liable to be destroyed may be included, but in 
any such case said iniprovements shall be insured for the 
insurable value thereof in some safe and responsible insur- 
ance company or companies, and the po'icy or policies of 
insurance shall be transferable to the board of trustees as 
additional security for any loan, and shall be kept so in- 
sured until the loan is paid. 

107. Additional security. § 9. In all cases where 
the board of trustees shall require additional security for 
the payment of money loaned, and such security shall not 
be given, the township treasurer shall cause suit to be in- 
stituted for the recovery of the same, and all interest 
thereon to the date of judgment; Provided, that proof be 
made of the said requisition.* 

A dditiona,] Security. Whenever the trustees require addi- 
tional security upon any loan, they should make an order 
to that effect and record it; and the treasurer should serve 
the borrower with a copy of the order, signed by the 
president, and himself as clerk. If additional security is 
not furnished as required, suit may be brought at once on 
the note if it be a loan on personal security, or for fore- 
closure, if it be a loan on real estate. The law on this 

*Form No. 25. 



110 SCHOOL LAWS AND DECISIONS. 

subject forms a part of the contract. [TrusteRS v. Davi- 
son, 65 111., 124.] 

108. Preference. § 10. In the payment of debts by 
executors and administrators, those due the common 
school or township fund shall have a, preference over all 
other debts, except funeral expenses, the widow's award, 
and the expenses attending the last sickness, not includ- 
ing the physician's bill. And it shall be the duty of the 
township treasurer to attend at the office of the probate 
judge, upon the proper day, as other creditors, and have 
any debts, as aforesaid, probated and classed, to be paid 
as aforesaid. 

Treasurer to Probate Chims— Interest. A debt due the 
school fund from the estate of a deceased person is made 
a preferred claim by the statute on administration [Chap. 
3, Sec. 70, Eev. Stat. Ill}, and it is the duty of the treasurer 
to present such claim in due season. A failure to present 
within two years a claim against the estate of a deceased 
person who was principal on a note will release the sure- 
ties and throw the loss upon the treasurer. [Chap. 132, § 
3, Rev. Stat. 111.; Curry v. Mack, 90 III., 603; McHenry 
V. Trustees, 68 111., 140.] 

Probated claims draw but six per cent, interest. 

109. Default on interest. § 11. If default is made 
in the payment of intei-est due upon money loaned by any 
county superintendent, or township treasurer, or in the 
payment of the principal, interest at the rate of twelve 
per cent, per annum shall be charged upon the principal 
and interest from the day of default, which interest shall 
be included in the assessment of damages, or in the 
judgment in the suit or action brought upon the obliga- 
tion to enforce payment thereof, and interest as aforesaid 
may be recovered in an action brought to recover interest 
only. The said township treasurer is hereby empowered to 
bring appropriate actions in the name of the board of 
trustees, for the recovery of the yearly interest, when due 
and unpaid, without suing for the principal, in w^hatever 
form secured, and justices of the peace shall have jurisdic- 
tion of such cases of all sums not exceeding two hundred 
dollars. 

1. Treasurer may bring Suit. If default be made by the 
borrower in the payment of interest and principal, the 
township treasurer may institute suit for the recovery of 



SCHOOL LAWS AND DECISIONS. Ill 

the same without an order from the board of trustees. It 
is to be presumed that he will avail himself of the advice 
and approval of the trustees, and obtain an order from 
them before commencing an action; but such are his legal 
relations and obligations to the township fund that, when 
circumstances require, he may proceed in the premises 
without a formal order from the board of trustees. And 
if any loss accrues from his neglect in this particular, he 
and his secutities become liable [118 and 278], unless he 
acted, or was warranted in his failure to act, by an order 
of the board of trustees, entered upon their journal and 
subscribed by the president and clerk; in which case, if loss 
accrues, the trustees become responsible. 

2. Computation and Calculation of Extra Interest. In 
order to collect the twelve per cent, interest upon principal 
or interest on which default has been made, it must be de- 
clared for as a penalty, \_Sexton v. School Commissioners, 
19 111., 51.] 

Considerable confusion and doubt have existed among 
treasurers and others relative to the true method of pro- 
ceeding under 109, where the interest or principal (or both) 
of school money loaned, is not paid when due, or has to 
be collected by law. The meaning of the law, and the duty 
of parties interested, will appear from the following analysis: 

Three cases may arise: First, when the interest only is 
in default; second, where the principal only is in default; 
and, third, where both principal and interest are in default. 
If the interest only is in default, twelve per cent, per an- 
num must be assessed upon said interest, from the day of 
default. Thus, if a note is given for -flOO, for one year, 
at ten per cent., and the interest is a year in default, the 
amount of interest due by law is |10, added to twelve per 
cent, of |10, or |11.20. If the principal only is in default, 
twelve per cent, per annum must be assessed upon said 
principal from the day of default. Thus, if the above 
mentioned note should be collected a year after maturity, 
there would be due |100, added to twelve per cent, of 
|100, or 1112. 

If both interest and principal are in default, there will 
be due, first. The interest of the note from date of matur- 



112 SCHOOL LAWS AND DECISIONS. 

ity; second, Twelve per cent, per annum upon that interests- 
third, The principal of the note; fourth. Twelve per cent, 
per annum upon that principal, from due till paid. Thus^ 
if both interest and principal of the aforesaid note should 
remain wholly unpaid for two 3'-ears, there w^ould be due, 
the interest for one year (flO), and twelve per cent, of 
that, interest (|1.20), and the principal ($100), and twelve 
percent, of that principal for one year (|12). Adding 
these several sums together gives |123.20, the full amount 
due on final settlement. Proceed in the same way in any 
other case. 

A general rule, when both interest and principal are in 
default, is as follows: (1) Find the interest on the note 
from date to maturity, at the given rate per annum, and 
to said interest add twelve per cent, per annum thereof. 
(2) Find twelve per cent, per annum of the principal from 
maturity to settlement, and add the same to said princi- 
pal. (3) Add the sums obtained under the two foregoing 
heads, and the result will be the amount due on final set- 
tlement. In other words, to the principal of the note add 
as follows: (1) Interest at the rate prescribed in the note^ 
from date to maturity. (2) Twelve per cent, per annum 
of said interest. (3) Twelve per cent, per annum on said 
principal from maturity to settlement. 

On this subject the supreme court says: 

"Tw^o classes of cases are embraced by this act; one^ 
where interest is due and unpaid; the other, where princi- 
pal is due and payable. In the former case, the amount 
of unpaid interest bears interest at the rate of twelve per 
cent per annum; and it may be sued for and recovered in 
a separate action. In the latter case, the principal debt 
bears interest at the rate of twelve per cent, per annum, 
from the time it falls due. The provisions of this act da 
not apply to the principal when the debtor is in no default 
respecting it. It is only when the principal is due and pay- 
able that the rate of interest upon it is increased. This,, 
we are satisfied, was the real intention of the legislature, 
although it must be admitted that the intention is not a& 
clearly expressed as in the act of 1835. A different con- 
struction would render the law highly penal in its charac- 
ter. If twelve per cent, interest was to be charged upon 



SCHOOL LAWS AND DECISIONS. 113 

the principal on every failure to make a payment of in- 
terest, it would operate very severely upon the debtor. 
Loans are made for five years; and the penalty for failing 
to pay a few installments of interest might exceed the 
principal debt. Such a construction ought not to be put 
upon the law, unless it manifestly appears that it was the 
design of the legislature." [Trustees v. Bibb, 14 111., 371.] 

110. Suits. § 12. All suits brought or actions insti- 
tuted under the provisions of this act may be brought in 

the name of the trustees of schools of township No , 

range No .... , except as provided for qui tarn actions, or 
actions in favor of county superintendents. 

Suits. The suits which may be brought by trustees are 
suits relating to school township and school district prop- 
erty. 

111. To hold moneys— To keep fund loaned. §13. 
The said township treasurer shall demand, receive and 
safely keep, according to law, all moneys, books and papers 
of every description belonging to his township. He shall 
keep the township funds loaned at interest; and if, on the 
first Monday in October in any year, there shall be any in- 
terest or other funds on hand which shall not be required 
for distribution, such amount not required as aforesaid, 
may, if the board of trustees see proper, forever be con- 
sidered as principal in the funds to which it belongs, and 
loaned as such. 

1. Demand for Moneys, Books and Papers. It is the right 
and duty of township treasurers to demand that all moneys, 
books and papers of every description, belonging to his 
township, be delivered to him, and he must receive and 
safely keep the same according to law. 

This provision of the statute relates only to funds be- 
longing to the school township. For the right to demand 
and to hold district funds, see 63; 146, fourth; 210. 

The "books and papers" to be demanded and safely kept 
include all books of record and account, all deeds of school 
property and all teachers' schedules on file. These form a 
part of the ofl&cial documents of the treasurer's ofiice, and 
their preservation may, hereafter, be of much legal and 
historical importance. 

No oificial papers can lawfully be destroyed. 

2. Must Keep Funds at Interest. Township treasurers are 
required to keep the principal of their respective township 



114 SCHOOL LAWS AND DECISIONS. 

funds constantly loaned at interest, and no part of said 
principal can be permitted to remain unproductive, without 
a violation of law. 

3. Additions to Township Funds. The purpose of the 
law is to distribute the interest on the fund; there nowhere 
appears any purpose to bnild up the principal out of the 
income. Hence it would appear that the trustees should 
not exercise the power here given them so long as the dis- 
tricts of the township are raising money by taxation for 
the support of schools. See, also, 237. 

112. Report. §14. On the first Mondays in April and 
October of every year, the township treasurer shall lay be- 
fore the board of trustees a statement showing the amount 
of interest, rents, issues and profits that have accrued or 
become due since their last regular half-yearly meeting, on 
the township lands and township funds, and also the 
amount of state and county fund interest on hand. He 
shall also lay before the said trustees all books, notes, 
bonds, mortgages, and all other evidences of indebtedness 
belonging to the township, for the examination of the trust- 
ees, and shall make such other statement as the board may 
require, touching the duties of his office. 

Treasurer's Statement to Trustees. The treasurer must 
make to the trustees at both regular meetings a statement 
concerning the township fund, particularly with regard to 
the income and other funds held for distribution, in order 
that they may make the apportionment as required by 56. 

113. Financial exhibit. § 15. The said township 
treasurer shall make cut, annually, and present to the 
board of trustees, at their meeting succeeding the annual 
election, a complete exhibit of the fiscal affairs of the town- 
ship, and of the several districts or parts of districts in 
the township, showing the receipts of money, and the 
sources from which they have been derived, and the deficit 
and delinquencies, if there be any, and the cause, as well 
as a classified statement of moneys paid out, and the amount 
of obligations remaining unpaid. 

October Statement. At the October meeting he must 
make a fullor statement, which shall include all the dis- 
trict accounts. It is the duty of the trustees to audit all 
these accounts with care. 

114. Statements to directors. §16. The township 
treasurer shall, within two days after the first Monday of 
April, and on July fifteenth in each year, make out for 



SCHOOL LAWS AND DECISIONS. 115 

each district or part of district in the township, a state- 
ment or exhibit of the exact condition of the account of 
such district or part of district, as shown by his books on 
April first and June thirtieth of each year;* which state- 
ment or exhibit shall show the balance at the time of 
making the last exhibit and the amount received since up 
to the time of making the exhibit, and when and from what 
source received; and it shall also show the amount paid out 
during-thesametime, to whom paid, and for what purpose, and 
shall be balanced and the balance shown. It shall be the 
duty of said treasurer to comply with any lawful demand 
the said trustees may make as to the verification of any 
balance reported by said treasurer to be on hand. The 
exhibit shall be subscribed and sworn to by the treasurer 
before any officer authorized to administer an oath, and 
shall then, by the treasurer, be, without delaj^, delivered or 
transmitted by mail to the clerk of the board of directors 
of the proper district. It shall be the duty of the said 
clerk, upon receiving such exhibit, to enter the same upon 
the records of the district, and, at the next annual election 
of directors thereafter, to cause a copy thereof to be posted 
up at the front door of the building where such election is 
held. 

1. Treasurer's Statement to Directors. There should be 
no failure on the part of the treasurer to make these state- 
ments to the several districts promptly. These exhibits 
will enable the directors to proceed understandingly in 
making their expenditures and in levying their taxes. The 
statements should be recorded and the originals kept on 
file. 

2. VerMcation. The verification of the cash by actual 
count is an essential part of every examination, and should 
be made upon a purely business basis; the personal rela- 
tions existing between the trustees and the treasurer should 
not interfere with making it. 

116. Penalty. § 17. For a failure on the part of the 
treasurer, clerk of a,ny board of directors, or any director, 
to comjjly with any of the requirements of the preceding 
sections of this article, he shall be liable to a penalty of 
not less than five dollars, (.|5) nor more than fifty dollars 
(|oO), to be recovered before any justice of the peace of 
the county in which the offense is committed. 

116. Interest onupaid. teacher's orders. §18. When 
any order, drawn for the payment of a teacher, is pre- 

rorm No. 26. 



116 SCHOOL LAWS AND DECISIONS. 

sented to the township treasurer for payment, and is not 
paid for want of funds, the said treasurer shall make a 
written statement over his signature by an endorsement 
on such order, with date, showing such presentation and 
non-payment, and shall make and keep a record of such 
endorsement. Such order shall thereafter draw interest at 
the rate of eight per cent, per annum until paid, or until 
the treasurer shall, in writing, notify the clerk of the board 
of directors that he has funds to pay such order; and of 
said notice the said treasurer shall make and keep a re- 
cord; after giving said notice he shall hold the funds neces- 
sary to pay such order until it is presented for payment, 
and such order shall draw no interest after the giving of 
said notice to said clerk of the board.* 

Interest on Teacher's Orders. When a teacher has deliv- 
ered his schedule, in due form, to the directors, he should 
be given his order promptly, which should be, as drawn 
by them, a sight, non-interest bearing order. This the 
teacher presents to the treasurer for payment. If it can- 
not be paid, the treasurer must endorse it as provided in 
the statute and make a record of the same. From that 
date the order draws interest at the rate of eight per cent, 
per annum. But whenever the treasurer receives funds out 
of which the order may be paid, he must notify in writing 
the clerk of the board issuing the order to that effect and 
hold the funds to pay it on presentation. He must make 
a record of the notice. Some provision of this kind for 
stopping interest on orders was found necessary in order 
to prevent their being held, with the interest running, for 
a long time after the treasurer could pay them; it is also 
allowable since, though negotiable, such orders do not 
stand upon the same footing as ordinary commercial 
paper. The holder takes them subject to all the provisions 
of the statute, which he is presumed to know. 

117. Official duties. § 19. In addition to the fore- 
going requirements, it shall be the duty of the said town- 
ship treasurer- 
Firs^; — To return to the county clerk of his county, on or 
before the second Monday of August in each year, the cer- 
tificate of tax levy made by each board of school directors 
in his township. 

*i'orm No. 27. 



SCHOOL LAWS AND DECISIONS. 117 

Second— To pay, Avhenever he has funds in his hands be- 
longing- to the district, all lawful orders drawn on him by 
the board of directors of any school district in his town- 
ship. 

Third— To collect, from the collector of taxes of the town- 
ship and the county collector of taxes, the full amount of 
the tax levies made by the several boards of directors in 
his township. 

Fourth— To examine the offlciah record of each school 
district in the township on the first Mondays in April and 
October of each year. 

Fifth — To keep a correct account between the districts 
where pupils are transferred by the directors from one dis- 
trict to another. 

Sixth— To give, upon the order of the trustees of schools, 
notice of the election of trustees, as required by law. 

Seventh— To give, in case of the formation of a new 
school district, notice of the election of a board of school 
directors. 

Eighth — To cause to be published in some newspaper pub- 
lished in his county an annual statement of the finances of 
the township, as required by law.* 

Ninth — To make, whenever a change has been made in 
the boundaries of a school district, a complete copy of the 
records of the trustees, a map of the township showing 
such change of boundaries, and an accurate list of the tax- 
payers in the newly arranged districts, and file the same 
with the county clerk within twenty days of the time such 
change was made. 

Tenth — To file and safely keep all poll-books and returns 
of election which may be delivered to him under any pro- 
visions of this act. 

Eleventh — To receive and safely keep all moneys, securi- 
ties, papers and effects belonging to the township or the 
school districts, which, by law, are required to be deposited 
with such treasurer. 

Township Treasurers to publish Statement. A statement 
such as this act requires must be pubhshed each year by 
the township treasurer. The phrase "at the expiration of 
each fiscal year" has no particular meaning as applied to 
a school treasurer's affairs. It is believed that a publica- 
tion made just after the April meeting of the trustees will 
be of more interest to the people than at any other time, 
since their attention is called to school matters then by 

♦Form No. 28. 



118 SCHOOL LAWS AND DECISIONS. 

the occurrence of the school elections. The • treasurer can 
as easily make up the statement then as at anj other time. 
It is, therefore, advised that the statement required be 
published in April, shortly after the trustees' meeting. But 
it is not held that a publication at some other period 
would not be timely. 

The statement must be made with enough of detail to 
show the sources of the receipts, and the purposes of the 
expenditures. 

118. Penalty— Release . § 20. For any failure or re- 
fusal to perform all the duties required of the township 
treasurer by law, he shall be liable to the board of trust- 
ees, upon his official bond, for all damages sustained, to 
be recovered by action of debt by said board, in their cor- 
porate name', for the use of the proper township, before 
any court having jurisdiction of the amount of damages 
claimed; but if such treasurer, in any such failure or refusal, 
acted under and in conformity to a requisition or order of 
said board, or a majority of them, entered upon their jour- 
nal and subscribed by their president and clerk, then, and 
in that case, the members of the board aforesaid, or those 
of them voting for such requisition or order aforesaid, and 
not the treasurer, shall be liable, jointly and severally, to 
the inhabitants of the township for such damages, to be 
recovered by an action of assumpsit in the official name of 
the county superintendent of schools, for the use of the 
proper townships: Provided, that said township treasurer 
shall be liable for any part of the judgment obtained 
against said trustees which can not be collected on account 
of the insolvency of such trustees. 

Release of Treasurer. It is difficult to say how far the 
treasurer may be released from his responsibility under the 
law by any action of the trustees. But if we may judge 
from the two cases passed upon by the supreme court in 
which such release was claimed, the treasurer will not read- 
ily secure immunity. That he should not is evident; for 
he alone gives a bond, while the trustees are not under 
bond, and, in some instances, are not financially responsi- 
ble. 

The burden of proving the order of the board rests upon 
the treasurer. The trustees must formally order the act, 
or the responsibility will not be transferred to them. {^Trust- 



SCHOOL LAWS AND DECISIONS. 119 

ees Y. Misenheimer, 78 111., 22; Lovingston v. Trustees, 99 
[11., 564; Trustees V. Baker, 24 111. App. (Smith), 231.] 

119. Delivery to successor. §21. Whenever a town- 
ship treasurer shall resign or be removed, and at the expi- 
ration of his term of office, he shall pay over to his suc- 
cessor in office all money on hand, and deliver over all 
books, notes, bonds, mortgages, and all other securities 
for money, and all papers and documents of every descrip- 
tion in which the corporation has any lawful interest whatever. 
And in case of the death of the township treasurer, his 
securities and legal representatives shall be bound to comply 
with the requisitions of this section, so far as the securi- 
ties and legal^representatives may have the power so to do. 
And for a failure to comply with the requisitions of this 
section, the persons neglecting or refusing shall be liable to 
a penalty of not less than ten dollars (|10) nor more than 
one hundred dollars (|100) at the discretion of the court 
before which judgment may be obtained, to be recovered in 
an action of debt, in the name of the trustees of schools, 
before any justice of the peace, for the benefit of the school 
fund of such township: Provided, that the obtaining or 
payment of such judgment shall in no wise discharge or 
diminish the obligation of the persons signing the official 
bond of such township treasurer. 

Treasurer must turn over Moneys, etc., to Successor. 
When a township treasurer resigns, or is removed, or when 
his term of service expires, he is required to turn over to 
his successor all funds, books and papers belonging to the 
township. His official bond is also expressly so conditioned. 
If he fail to comply with this obligation, and neglect or 
refuse to turn over all moneys and papers to his successor, 
he is not only lia^ble on his official bond, but also to a 
separate and special penalty of not less than ten nor more 
than one hundred dollars; the payment of which leaves 
him still liable, as fully as before, upon his official bond. 
In case suit should be necessary to compel the treasurer to 
turn over the funds and papers of the township to his suc- 
cessor as aforesaid, it should be brought by the township 
trustees, in their corporate name, in an action of debt, or 
replevin, or both. 

As to the extent of the treasurer's liability, see 99, note 
4, and cases there cited. 



120 



SCHOOL LAWS AND DECISIONS. 



The criminal code prescribes a heavy punishment for any 
officer who fails to turn over moneys, etc., to his successor 
on demand. [Chap. 38, §§ 215-219, Rev. Stat.^ 

120. Compensation. § 22. The township treasurers 
shall receive in full, for all services rendered by them, a 
compensation to be fixed, prior to their election, by the 
board of trustees. 

Township Treasurers' Compensation. The township 
treasurer is appointed in the even-numbered years at the 
meeting for organization held by the trustees within ten 
days after the election in April. [51, note 2.] The salary, 
as fixed, is for all services, both as clerk of the board of 
trustees and as treasurer; and he may be g'iven no addi- 
tional compensation during his term of office for the per- 
formance of any duties connected therewith. The statute in 
express terms forbids any such additional compensation. 
ILovingston v. Trustees, 99 111., 564.] 



AKTICLE V. 



BOARD OF DIRECTORS. 



§ 11. 
§12. 

§13. 
§ 14. 

§15. 
§ 16. 
§17. 
§ 18. 
§ 19. 



Board of directors in districts 

with less than 1,000 inhabitants. 
Board of directors a body politic. 
Eligibility of school directors. 
Kon-residence creates a vacancy. 
Annual election and term afofSce. 
Election in new districts. 
Vacancies. 
Notices of election. 
Election in certain cases ordered 

by township treasurer or county 

superintendent. 
Judges; postponement; election 

on any Saturday. 
A tie vote. 
Delivery of the poll book, and 

filing the same; certificate. 
Poll book in union district. 
Penalty for failure to deliver the 

poll book. 

Organization of the board. 
Quorum. 
Eecords. 
Meetings. 
Business to be done at regular 

or special meeting. 



§ 20. President or clerk pro tempore. 
§ 21. Report of the organization. 
§ 22. Reports of statistics, etc. 
§ 23. Not to be interested in school 

contracts. 
§ 24. Not to be interested in sale of 

school books, etc. 
§ 25. Liable to indictment and fine. 
§ 28. Duties defined. 
. § 27. Additional powers defined. 
§ 28. Orders on demand. 
§ 29. Orders in anticipation of taxes. 
§ 30. Liable for balance due teachers. 
§ 31. Vote of the district reauired to 

locate school site, etc. 
§ 32. Compensation for school site. 
§ 33. Removal by the county superin- 
tendent. 
§ 34. Funds paid out upon orders; 

form of order. 
§ 35. Transfer of pupils; separate 

schedules. 
§ 36. Directors collect amount due from 

transfer pupils. 



121. Directors. Section 1. In all school districts having 
a population of less than one thousand inhabitants, and 
not governed by any special act in relation to free schools 
now in force, there shall be elected in the manner herein- 
after provided for, a board of directors to consist of three 
members. [As amended by an act approved June 1, 1889.] 



SCHOOL LAWS AND DECISIONS. 121 

122. Body corporate and politic. § 2. The directors of 
each district are hereby declared a body politic and cor- 
porate, by the name of ''school directors of district No. 

, township No , range No , county of 

, and State of Illinois," and by that name may sue 

and be sued in all courts and places whatever. 

1. The School Corporation, how questioned— Its Pur- 
poses. The legality of the existence of a district can be 
questioned in a direct proceeding only. [People v. Trustees, 
111 111., 171.] 

In the absence of record evidence of its establishment its 
existence may be proved by reputation. [State v. Bradley, 
54 Conn., 74.] 

The corporation here created, like the school township, 
is created solely for school purposes, as a part of the 
machinery necessary for th^ maintenance of a system of pub- 
lic schools. Paraphrasing a paragraph in The People v. 
Trustees, 78 111., 136, the principle can be thus stated: 
The school districts were created and are continued for 
school purposes alone, and not for municipal purposes. 
They are only intended to establish schools, and pay the 
teachers of schools taught in their jurisdiction. This is 
the purpose of their organization. They were not created 
to exercise any of the functions of government, and hence 
are not municipal in their nature or purpose, nor are they 
provided with the officers or the power to exercise the 
iunctions of government. Cities, towns and villages are 
endowed with such powers and are created and maintained 
for their exercise. Their very object is to aid in the govern- 
ment of the people. And such is true, in a more limited 
sense of counties. But none of these functions are conferred 
upon school districts: their creation is purely to aid in the 
great scheme of accomplishing universal education. 

2. Quorum — Liabilities. Upon a quorum, see 64, note 
2, and 136. 

The liability of school directors for debts due teachers 
and others, is a corporate, not an individual, liability; pro- 
vided, always, that there is no corporate liability unless 
the debt has been legally contracted. 
—8 



122 SCHOOL LAWS AND DECISIONS. 

3. Legal Contracts. That a debt be legally contracted 
bj a school board these two things must concur: (1) The 
debt must be for a school purpose under the law. (2) The 
conditions essential to empower directors to contract the 
debt must exist ; for instance, the board must be assembled 
in its corporate capacity ; the person with whom they 
would contract to teach must have a valid certificate for 
the term of the proposed contract; a vote of the people to 
build must precede a contract with a builder, etc^. 

Since directors are a corporation, their acts and con- 
tracts are binding upon their successors. But one board 
may not, unnecessarily, make contracts which will extend 
beyond its term. [Stevenson v. Directors, 87 111., 255.] 

4. Directors not liable personally. A contract made by 
the board in its official capacity does not bind the mem- 
bers personally, even though they do not put their official 
title to their signatures. [Lyon v. Adamson, 7 la., 509; 
Harvey v. Irwin, 11 la., 82.] 

123. Eligibility. § 3. Any person, male or female^ 
married or single, of the age of twenty-one years and up- 
wards, who is a resident of the school district, and who is 
able to read and write in the English language, shall be 
eligible to the office of school director: Provided, that no 
person shall be eligible to the office of school director who 
IS at the time a member of the board of school trustees. 

This paragraph of the law is of course to be taken sub- 
ject to the limitation of the constitution art. 7, § 6 that 
an office holder must be a citizen of the United States and 
must have been a resident of the state for one year. 

124. Removal causes vacancy. § 4. If any director 
shall, during the term of his office, remove from the district 
in which he was elected, his office shall thereby become 
vacant and a new director shall be elected, as in other 
cases of vacancy in office. 

125. Date of election. § 5. The annual election of 
school directors shall be on the third Saturday of April, 
when one director shall be elected in each district, who 
shall hold his office for three years, and until his successor 
is elected. 

126. First election— Term of office. § 6. In new 
districts the first election of directors may be on any Satur- 
day, notice being given by the township treasurer, as for 
the election of trustees, when three directors shall be elected 



SCHOOL LAWS AND DECISIONS. 123 

who shall, at their first meeting, draw lots for their res- 
pective terms of office, for one, two and three years. 

127, Vacancies. § 7. When vacancies occur, the re- 
maining director or directors shall, without delay, order 
an election to fill such vacancies, which election shall be 
held on Saturday. 

128. Notices. § 8. Notices of all elections in organized 
districts shall be given by the directors at least ten days 
previous to the day of said election. Said notices* shall 
be posted in at least three of the most public places in the 
district, and shall specify the place where such election is 
to be held, the time of opening and closing of the polls, 
and the question or questions to be voted on. 

1. Election of Directors. What has been said upon the 
provisions of the law with regard to the elections of trust- 
ees and the questions connected therewith applies also to the 
above sections concerning the election of directors. \^See 
notes to 37, 40, 41, 42, 43, 46, 49; also see 310-312.] 

2. How long the Polls shall he Open. The law does not 
indicate at all how long the polls should be kept open. 
This matter is left for the directors to determine, and they 
should make the time long enough for all to vote. 

3. Election upon Special Questions. Except in the case 
when a school township maintains a township high school 
there are no questions to submit to the voters at a town- 
ship school election; such elections are held for the sole 
purpose of electing trustees. But the voters of a school 
district at either the regular or a special election may be 
asked to vote upon some other question or questions. 
These are: 

(1) To borrow money. \^Art. 9.] 

(2) To refund bonds. [221.] 

(3) To purchase or locate a school house site. [151.] 

(4) To purchase or build a school house. [161.] 

(5) To move a school house. [161.] 

(6) To levy a tax to extend the school beyond nine 
months. [161.] 

(7) To add "other branches" to the course of study. 
[190.] 

(8) If the district has not less than one thousand in- 



rorm No. 



124 SCHOOL LAWS AND DECISEONS. 

habitants, it may vote upon a question as to changing 
district lines. [78.] 

In regard to the first six of these questions, directors are 
forbidden to act without a vote. 

4. Vote upon other Matters of no Legal Effect. In all 
other district affairs the school board acts without a vote 
of the people; and a vote upon any other question than 
those named above, as upon employing a certain person 
for a teacher, is advisory only, and is not binding upon 
the board. "The electors can exercise such powers only as 
are conferred by statute either expressly or by reasonable 
implication." \_School District v. Harvey, 5G Yt., 556.] 

5. Notice. The notice must state the question or ques- 
tions to be voted upon. A vote upon a question not re- 
presented in the notice is void, even though the question 
be one which may be the subject of a vote; for the question 
is not before the people unless stated in the notice. 

6. Ballots. Votes upon these questions must be by bal- 
lot, and the ballot must follow the notice. If the notice 
presents the question, "To vote for building a school 
house," the ballots must read "For" or "Against building 
a school house." If a majority of the ballots should read 
"For borrowing money to build a school house," the 
directors would not be empowered by the vote to build, 
since borrowing money was what was voted upon. Neither 
would the directors be empowered to borrow money, for 
that question was not submitted in the notice. In such a 
case the election would be void, so far as relates to the 
question submitted. 

7. One Ticket, and but one Balloting. All the questions 
to be voted upon and, if there be an election of a director, 
the name of the person voted for, should be upon one 
ticket. There can be but one balloting at one election; 
since for that the polls must be open all the time named 
in the notice, and by the one ballot the power of the 
electors to vote under the call made has been exhausted. 
[State V. Adams, 58 Vt., 694.] 

8. Questions may be voted on a Second Time. This 
subject is considered in 151, note 1. 



SCHOOL LAWS AND DECISIONS. 125 

9. Elections, how called. One director may, if he is the 
only member of the board left, call an election to choose 
members of the board; and an election to choose a mem- 
ber or members of the board may be called in the cases 
named in the law, by the township treasurer or the county 
superintendent. [44, note.] 

10. In Union District — In District in two Counties. If 
the district in which there is a vacancy lies in two town- 
ships, and the remaining director or directors fail to order 
an election, the two treasurers may jointly order it. If 
this cannot be done, ,an election called by either treasurer 
and duly held would be held to be a sufficient compliance 
with the law. In the same way, if the both directors and 
treasurer fail to call an election to fill a vacancy in a dis- 
trict lying in two counties, both county superintendents 
may call the election jointly; or either may call it. 

11. Special questions submitted by School Board only. 
But submitting questions to a vote can be done by order 
of the board of directors, and in no other way. 

12. Election on What Days. The regular election and 
the election to fill a vacancy must be held on Saturday; 
but one called to vote upon special questions only may be 
called for any week day. 

129. Treasurer or county superintendent may- 
order. § 9. Should the directors fail or refuse to order any 
regular or special election, as aforesaid, it shall be the duty 
of the township treasurer to order such election, and if the 
township treasurer fails to do so, then it shall be the duty 
of the county superintendent to order such election of di- 
rectors within ten days, in each case, of such failure or re- 
fusal, and the election held in pursuance of such order 
shall be valid, the same as if ordered by the directors. 

Vacancies. The careful provisions of the law for filling 
vacancies in the board of school trustees have already 
been seen [46, note 2], and the same pains is taken to 
have all vacancies, whether regular or extraordinary, in 
the board of directors promptly filled. The clear intention 
is that a director shall not hold over, and that the board 
shall be full constantly, so that the district may both have 
the judgment of three men upon the management of its 



126 SCHOOL LAWS AND DECISIONS. 

affairs, and may itself control the membership of the board 
through the annual election. 

130. Judges— Postponement. § 10. Two of the di- 
rectors ordering such election shall act as judge--! and one 
as clerk of such election. But if said directors or any of 
them shall fail to order an election, to attend, or shall re- 
fuse to act when present, and in all unorganized districts 
and in elections to fill vacancies, the legal voters when as- 
sembled shall choose such additional members as may be 
necessary to act as two judges and a clerk of said elec- 
tion; Provided, that if upon the day appointed for said 
election the said directors or judges shall be of opinion 
that, on account of the small attendance of voters, the 
public good requires it, or if the voters present, or a ma- 
jority of them, shall desire it, they shall postpone said 
election until the next Saturday, at the same place and 
hour, when the voters shall proceed as if it were not an 
adjourned meeting; And provided also, that if notice shall 
not have been given as above required, then said election 
shall be ordered as aforesaid and holden on any Saturday, 
notice thereof being given, as aforesaid. 

See Judo-es and Postponement under 40 and 43. 

131. Tie. § 11. In case of a tie vote, the judges shall 
decide it by lot on the day of the election. 

See 46 and .note. 

132. Return. § 12. Within ten days after every elec- 
tion of directors the judges shall cause the poll-book to 
be delivered to the township treasurer, vvith a certificate 
thereon showing the election of said directors and the 
names of the persons elected; which poll-book shall be 
filed by the township treasurer, and shall be evidence of 
said election. 

1. Return of Poll book. The original poll-book is to be 
taken to the township treasurer in the case of every dis- 
trict election. For the effect of a failure to make the re- 
turn, see 49. 

2. Township Treasurer Custodian only of Return. The 
township treasurer has the same duty in regard to the re- 
turn of a district election, that the county superintendent 
has in regard to the return of a township; that is, he 
must receive and file it. He has no authority of law to 
declare the election void. Compare 49, note 3, 

133. Return of union district. § 13. In case of a 
union district, made up of parts of two or more townships, 



SCHOOL LAWS AND DECISIONS. 127 

the poll-book shall be returned to the township treasurer 
who receives the tax money for said district. 

134 Penalty. §14. For a, failure to deliver the poll-book 
within the time prescribed, the judges shall be liable to a 
penalty of not less than twenty-five dollars ($25) nor more 
than one hundred dollars (|100), to be recovered in the 
name of the People of the State of Illinois, by action of 
assumpsit, before any justice of the peace of the county, 
which penalty, when recovered, shall be added bo the town- 
ship school fund of the township. 

135. Organization. § 15. The directors, within ten 
days after the annual election of the directors, shall meet 
and organize by appointing one of their number president, 
and another o! their number clerk of such board of directors. 

Organization of Board of Directors. The board of di- 
rectors is required to meet and organize within ten days 
of the election; but by a failure to organize within the 
time named, the directors do not vacate their offices; the 
duty to meet and organize continues, and should be per- 
formed so that the board may be ready to enter upon its 
official work. The members .make themselves liable to a 
fine [284] by neglecting the mandate of the law\ 

136. Quorum. § 16. Two directors shall be a quorum 
for business. 

See 54, note 2. 

137. Records. § 17. The clerk of such board of di- 
rectors shall keep a record of all the official acts of the 
board in a well bound book provided for that purpose, 
which record shall be signed by the president and clerk, 
and shall be submitted to the township treasurer for his 
inspection and approval on the first Mondays of April and 
October, and at such other times as the township treasurer 
may require. 

Records. The duty of the clerk of the board is to keep 
in permanent form a record of all the official acts of the 
board. A subsequent clause of the section authorizes the 
board to purchase a suitable book, and says "the said re- 
cords shall be kept in a punctual, orderly and reliable 
manner." The record of each meeting should be written up 
immediately after the meeting and signed by the president 
and clerk. It is of the utmost importance that every 
school board keep such a record as this. "Lack of 
such official records," says one who knows, "has caused 
more lawsuits and losses, more confusion and trouble, in 



128 SCHOOL LAWS AND DECISIONS. 

the financial and general business administration of the 
school system than any other thing." The record book of 
the district should contain a full history of its school 
affairs. Dates, names, resolutions, votes, etc., should be 
given with such exactness that no trouble can arise which 
a reference to its pages will not help to settle. Financial 
statements and reports should be spread out on the record 
book. Documents that are merely filed are soon lost. 

138. Meetings. § 18. The board of directors "shall 
hold regular meetings at such times as they may desig- 
nate; and they may hold special meetings as occasion may 
require, at the call of the president or any two members. 

Meetings. The directors ought to hold a regular 
meeting once a month while the school is in session, in 
order to examine and approve the schedules, issue teacher's 
orders and consult with him over the interests of the 
school; and it will be well to continue such meetings 
through the year. If they will take this course, referring 
particularly to the regular meeting all strangers who at- 
tempt to deal with them individually, they will have little 
occasion for special meetings, and the business of the board 
will be conducted more nearly with such deliberation and 
good judgment as its importance demands, and there will 
be fewer purchases of high priced lightning rods, and fewer 
needless changes of text books. 

What has been said in 64, note 1, with regard to special 
meetings of trustees applies with equal force to similar 
meetings of directors, and the decisions of the courts cited 
there control here also. 

139. No business except at meetings. § 19. No offi- 
cial business shall be transacted by the board except at a 
regular or special meeting. 

Business to be transacted at Meetings. This clause is of 
special significance. 

Members of a school board, acting individually, can bind 
neither the board nor the person with whom they attempt 
to contract. An agreement by members of a school board, 
acting in their individual capacity, to purchase apparatus, 
etc., from another person, and to ra,tify same at the next 
regular meeting is contrary to public policy and void. 
IMcCortle v. Bates, 29 O.,'^ 418; Doyle v. Gill, 59 Wis., 



SCHOOL LAWS AND DECISIONS. 129 

518; Currie v. District, 35 Wis., 163; Andrews v. District, 
37 Wis., 96; Stewart v. Directors, 24 111. App., (Smith), 229.] 

The fact that articles, purchased by one or more of the 
directors without authority of the board, have been used 
by the school does not amount to a ratification of the pur- 
chase or impose upon the district any obligation to pay 
for them. [Johnson v. School District, 67 Mo., 319.] 

An order not authorized, or allowed, or executed at a 
legal meeting is void. [Mincer v. School District, 27 Kas., 
253.] 

The action of a majority of a school district board will 
not bind the district, without notice to or participation 
therein of the other member. [People v. Peters, 4 Neb., 254.] 

140. President or clerk absent. § 20. If the presi- 
dent or clerk be absent from an}^ meeting, or, being present, 
refuses to perform his official duties, a president or clerk 
pro tempore shall be appointed. 

141. Report to treasurer. § 21. The clerk of each 
board of school directors shall report to the township 
treasurer or treasurers of the proper township or town- 
ships, immediately after the organization of the board, the 
names of the president and clerk of such board. 

Report of names. It is necessary that the treasurer 
have the names of the president and secretary of each 
board of directors, in order that he may have a check upon 
the signatures of their orders. 

142. Statistical report. § 22. On or before the seventh 
day of July annually, the clerk of each board of directors 
shall report to the township treasurer having the custody 
of the funds of such district, such statistics and other in- 
formation in relation to the schools of his respective dis- 
trict as the township treasurer is required to embody in 
his report to the county superintendent, and the particular 
statistics to be so reported shall be determined and desig- 
nated by the state superintendent of public instruction, or 
by the county superintendent. 

For the value and desirableness of accurate statistical 
reports, see 23. 

For penalties for neglect to make a report and for making 
a false report, see 283. 

143. Interest in contract forbidden. § 23. No direct- 
or shall be interested in any contract made by the board 
of which he is a member. 



130 SCHOOL LAWS AND DECISIONS. 

1. Directors must not he interested in Contracts. A very 
explicit interpretation of this clause has been given by our 
supreme court in School Directors v. Parks, 85 111., 338. In 
this case suit was brought to recover from Parks two sums 
of money which had, it was alleged, been paid him on 
orders drawn by the other two members of the board for 
labor in repairing the school house and for fuel furnished 
while he was a director. The court held that the statute 
then in force — it is the same now — absolutely prohibited a 
director from being interested in any contract made by the 
board of which he was a member. This embraces every 
contract whether express or implied, by virtue of which 
money can be drawn from the treasurer; and it cannot be 
evaded by appropriations or payments from the treasurer 
for labor performed, or materials furnished for the benefit 
of the district, on the pretext that they were performed or 
furnished Mdthout any contract but, being beneficial to and 
enjoyed by the disti'ict, should be paid for as a matter of 
justice. Both the letter and the spirit of the law forbid 
that directors shall, in anywise, whether directly or indi- 
rectly, openly or covertly, become interested in demands or 
claims, originating while they are directors, to be satisfied 
by payments from the funds of their districts; and this 
construction must be rigidly enforced by the courts, with- 
out regard to the moral or equitable considerations that 
may urge a different policy in particular cases. 

2. Directors may not be paid for Services. Except tha.t 
the director who is clerk of his board may be paid for his 
clerical services, both directors and trustees are forbidden 
by this clause of the law to draw pay for any services they 
may render the district and the township whose oflicers 
they are. 

3. A Director may not be a Teacher. The director may 
not be employed to teach in his district. 

4. Employment of a Minor Child of a Member of the 
Board. The school board may not employ the minor child 
of one of its members as a teacher, if the relations between 
the parent and the child are such that the father may law- 
fully claim the child's wages. 



SCHOOL LAWS AND DECISIONS. 131 

5. Bonds bought by a Member of the Board. A member 
of a school board can not enforce the payment of bonds 
issued to to him while a member, even when there is no 
question that the bonds were taken with no dishonest in- 
tent and paid for in cash at par. \_Hewett v. Board of 
Educa.tion, 94 111., 528.] 

6. Lot sold to the Board and Money loaned it by a 
Member. Neither can payment be compelled for a lot sold 
the distriet for a school site by a director; nor for money 
furnished, with which the school house has been built. 
[Directors v. Miller, 54 111., 338.] 

144. Interest in sale of books, etc. §24. No director 
shall be interested in the sale, proceeds or profits of any 
book, apparatus or furniture, used, or to be used, in any 
school in this state, with which he may be connected. 

145. Penalty. § 25. Any person offending against the 
provisions of the two preceding sections shall be liable to 
indictment, and, upon conviction, shall be fined in any 
sum not less than twenty-five dollars ($25), and not more 
than five hundred dollars (|500j, and may be imprisoned 
in the county jail not less than one nor more than twelve 
months, at the discretion of the court. 

146. Official duties. § 26. It shall be the duty of the 
board of directors of each district — 

First— At the annual election of directors, to make a de- 
tailed report of their receipts and expenditures to the voters 
there present, and transmit a copy of such report to the 
township treasurer, within five days from the time of said 
election . 

Second— To report to the county superintendent, within 
ten days after their employment, the full names of all per- 
sons employed as teachers, the date of the beginning and 
the end of their contract. 

Third— To provide for the necessary revenue to maintain 
free schools in their district, in the manner provided for in 
article 8 of this act. 

fourth — When a district is composed of parts of two or 
more townships, the directors shall determine and inform 
the collectors of said townships, and the collector or col- 
lectors of the county or counties in which said townships 
lie, in writing, under their hands as directors, which of the 
treasurers of the townships from which their district is 
formed, shall demand and receive the tax money collected 
by the said collector, as aforesaid, {a) 

Fifth — To establish and keep in operation, for at least 
one hundred and ten (110) days of actual teaching, in 



132 SCHOOL LAWS AND DECISIONS. 

each year, without reduction by reason of closing schools 
on legal holidays, or for any other cause, and longer if 
practicable, a sufficient number of free schools for the ac- 
commodation of all children in the district, over the age of 
six (6) and under twenty-one (21) years, and shall secure 
or all such children the right and opportunity to an equal 
education in such free schools, (b) 

Sixth — To adopt and enforce all necessary rules and regu- 
lations for the management and government of the 
schools, (c) 

Seventh — To visit and inspect the schools from time to 
time as the good as the schools may require, (d) 

Eighth — To appoint all teachers and fix the amount of 
their salaries.* (e) 

Ninth — The directors shall direct what branches of study 
shall be taught and what text books and apparatus shall 
be used in the several schools, and strictly enforce uniform- ^ 
ity of text books therein, but shall not permit text books 
to be changed oftener than once in four years, but shall 
prohibit such change. (/) 

Tenth — The directors shall have power to purchase, at 
the expense of the district, a sufficient number of the text 
books used, to supply children whose parents are not able 
to buy them. The text books bought for such purpose 
shall be loaned only, and the directors shall require the 
teacher to see that they are properly cared for and re- 
turned at the end of each term of school, (g) 

Eleventh — The directors shall on or before the seventh 
day of July, annually, deliver to the township treasurer, 
all teachers' schedules made and certified as required by 
the provisions of article 7 of this act, covering all time 
taught during the school year, ending June 30th, and the 
directors shall be personally liable to the district for any 
loss sustained by it, through the failure of the directors to 
examine and so deliver such schedules within the time fixed 
by law. (h) 

Twelfth— The directors shall not pay out any public 
money to any teacher unless such teacher shall, at the 
time of his or her employment, hold a certificate of quali- 
fication, obtained under the provisions of this act, covering 
the entire period of his or her employment. 

Thirteenth — The directors shall not pay any public funds 
to any teacher, unless such teacher shall have kept and 
furnished schedules as required by this act, and shall have 
satisfactorily accounted for books, apparatus and other 
property of "the district that he may have taken in charge. 

*rorni No. 31. 



SCHOOL LAWS AND DECISIONS. 133 

Fourteenth — The directors shall pay teachers' wages 
monthly. Upon the receipt of schedules, properly certified, 
the directors shall at once make out and deliver to the 
teacher an order upon the township treasurer for the 
amount naraed in the schedule; which order shall state the 
Tate at which the teacher is paid according- to his contract, 
the limits of time for which the order pays, and that the 
•directors have duly certified a schedule covering this time. 
But it shall not be lawful for the directors to draw an 
order until they have duly certified to the schedule; nor 
shall it be lawful for the directors after the date of filing 
schedules as fixed by law, to certify any schedule not de- 
livered to them before that date by the teacher, when 
such schedule is for time taught before the first of July 
preceding, nor to give an order in payment of the teachers' 
wages for the time covered by such delinquent schedule. 

Fifteenth— Kt the annual election of directors, the di- 
rectors shall cause a copy of the township treasurer's re- 
port of the financial condition of the district, provided by 
law, to be posted upon the front door of the building 
where such annual election is held, (i) 

(a) Funds of Union District. The purpose of this pro- 
vision of the law is that all the funds of union districts 
may be consolidated in the hands of one treasurer, and 
that their accounts may be kept with one man instead of 
with two or more. A further provision of the law is to 
be found in 240. 

(b) 1. Time to be taught. There may be no reduction 
from the one hundred and ten days of teaching required 
by the law. If the school is closed because of holidays, 
whether they be legal or special [201], or because some 
•contagious disease prevails in the district, such days may 
not be counted to make the one hundred and ten. It will 
often happen that the teacher must be paid for days which 
may not be counted. [Barksdale v. Commissioners, 93 
N. C, 472; 201, note 6, and (e), note 8, below. 

The one hundred and ten days must be school days, and 
Saturdays, Sundays, and the holidays named in 201 are 
not school days. Hence, if the school be taught on such a 
day, the day may not be counted. 

Neither may the obligation imposed by the words "more 
if practicable" be overlooked. One hundred and ten days 
is a minimum term; nine months is none too long. There 



134: SCHOOL LAWS AND DECISIONS. 

are very few districts in the state so poor that they can 
justly say they cannot keep up a school for so long a term. 

2. Number of Schools — Renting a House. Directors must 
establish a sufficient number of schools for the accommo- 
dation of all the children in the district between the ages 
of six and twenty-one years. It is the imperative duty of 
the directors to establish as many schools as the wants of 
their district require. If they should fail or refuse to do 
this, the inhabitants have a legal remedy. The langnage 
of the law is peremptory: The directors "shall establish 
and keep in operation for at least one hundred and ten 
days in each year, a sufficient number of free schools for 
the accommodation of all the children in the district, over 
the age of six and under twenty-one years." They have 
no right to crowd fifty children into a house which (?an ac- 
commodate only thirty. If one school house is not suffi- 
cient, the directors must enlarge it, or must build another, 
and yet another, if necessary. In like manner, wdien the 
school house is inaccessible, or too remote for the con- 
venience of all, it becomes the duty of the directors to 
provide a second house, so that all may be accommodated, 
as far as possible. It is true that directors may not pur- 
chase or locate a school site or build a school house 
thereon without a vote of the people. But if the people 
will not vote to build, the law is not nullified nor is the 
school board relieved of its duty to establish a school. It 
will be justified in leasing and fitting up rooms for the 
school temporarily. [Millard v. Board of Education, 19 
111. App. (19 Brad.), 48.] 

3. May use a House in another District. The temporary 
use of a school house situated beyond the limits of a par- 
ticular district is not unlawful, or incompatible with the 
spirit and intent of the act, which is to afford the means 
of common school instruction to all children of lawful age. 
The necessity may arise through the destruction of their 
own house, or inability to erect a new one in season, or 
the need of more room, and in many other ways. In such 
cases, the school belongs to the district, to all intents and 
purposes. It is under the charge and control of the board, 
is subject to all the rules and regulations established by 



SCHOOL LAWS AND DECISIONS. 135 

the board, and is common to the entire district. [Grove 
Y. School Inspectors, 20 111., 532.] 

4. Who iJiay attend School The persons to be accom- 
modated are the children in the district over the age of 
six and under twenty-one years. Children under six are 
excluded. It is not considered that they are old enough 
to attend a public school. 

As a general rule, the residence of parents is the resi- 
dence of their children. Boarding children in a district 
does not, of itself, entitle them to the benefits of the free 
school in said district. The mere te/zzporar^ residence of a 
family in a district, solely to enjoy the benefits of the free 
schools, and with the intention of removal as soon as that 
purpose is accomplished, does not entitle the children to 
the privileges of said schools. The removal of a portion 
of a family from the legal domicile to another district, in 
order to send to the free schools thereof, does not confer 
the right to do so. As a general rule, the residence of 
their parents is the residence of employes; hence the privi- 
lege of the free school in another district is not acquired 
by placing children temporarily at service in that district. 
This includes those who are placed in families to attend 
school and do chore-work for their board, etc. The most 
liberal policy is, however, recommended toward this class 
of children. The state has as much interest in their edu- 
cation as in that of the more favored; and, although not 
legally eligible to attend free, the directors should permit 
them to do so, when not inconsistent with the rights of 
others and the welfare of the school. Children who have 
been apprenticed, or adopted into a new family; or who 
have been placed permanently in the care of others, with 
no intention of withdrawal; or those over whom parents 
have relinquished all control from whatever cause; or those 
who have no parents or guardians, or whose parents or 
guardians live in another state or country, and CKercise 
no control over their children; or those who have no per- 
manent abode, but go from place to place in search of em- 
ployment, and whose only home is where they find work — 
the children included in all the above classes are to be 
enumerated in the district where they live, and are entitled 



136 SCHOOL, LAWS AND DECISIONS. 



district. Boards of directors are authorized to decide all 
questions of residence in their respective districts, lln the 
matter of Wrigley, 8 Wend., 134; Abington v. N. Bridge- 
water, 23 Pick., 170; Story's Conflict of Laws, Chap. 3; 
Binde v. Klinge, 30 Mo., 285; State v. District, 65 
AVis., 631.] 

For admission on a permit of transfer, see 156, notes 1 
and 2. 

5. Children must have equal Privileges. The children of 
a district must, be accorded equal privileges; i. e., there 
must be one rule for all and no discrimination against any. 
See, also, 292. 

6. Night Schools. For those persons, to be found in all 
large cities, who are still of school ages but have grown 
up without acquiring a common school education, and 
who cannot attend school during the usual hours because 
they are compelled to work in the daytime, the school 
boards may maintain night schools. But this class of 
pupils only should be admitted to such schools. Children 
under fourteen or fifteen years of age should be required 
to attend the day schools, and those who are older should 
not be drawn away from the day schools if they can at- 
tend them; the night school should not be permitted to 
become a rival of the day school. 

Persons over twenty-one years of age have no more 
€laim to free instruction in a night than in a day school. 

(c) 1. Rules and Regulations, by whom made and how, 
The power to make rules for the management of the school 
is primarily with the school board, and the teacher must 
comply with such rules so far as they relate to him, and 
must enforce such as, from his position as teacher, it 
naturally falls to him to enforce. [Jacksonville v. Akers, 
11 111. App. (11 Brad.), 392; Roberson v. Troutt, 17 111. 
App. (17 Brad.), 386.] 

All rules should be formally considered and adopted by 
the board and made a matter of record. They should also 
be published to the school. But an informal assent to 
rules by the board, and a failure to record them will not 
invalidate them. [Russell v. Lynnfield, 116 Mass., 365.] 



SCHOOL LAAVS AND DECISIONS. 137 

If, however, the board has not made any rules, or has 
not made all that are necessary, the teacher may make 
rules or may exercise that authority which of right belongs 
to his position. 

"While the principal or teacher in charge of a public 
school is subordinate to the school board or board of edu- 
cation of his district or city, and must enforce rules and 
regulations adopted by the board for the government of 
the school, and execute all its lawful orders in that behalf, 
he does not derive all his power and authority in the 
school and over his pupils from the affirmative action of 
the board. He stands for the time being in loco parentis 
to his pupils, and, because of that relation, he must neces- 
sarily exercise authority over them in many things con- 
cerning which the board may have remained silent." [State 
V. Burton, 45 Wis., 150; Sheehan v. Sturges, 53 Conn., 481; 
Fertach v. Michner, 111 Ind., 472.] 

But it is not necessary that the school board or the 
teacher endeavor to provide a rule to fit every possible 
case of wrong doing in school. 

"In the school, as in the family, there exist on the part 
of the pupil the obhgations of obedience to lawful com- 
mands, subordination, civil deportment, respect for the 
rights of other pupils, and fidelity to duty. These obhga- 
tions are inherent in any proper school system, and con- 
stitute, so to speak, the common law of the school. Every 
pupil is presumed to know this law, and is subject to it 
whether it has or has not been re-enacted by the district 
board in the form of written rules and regulations. Indeed, 
it would seem impossible to frame rules which would cover 
all cases of insubordination and all acts of vicious tend- 
ency which the teacher is liable to encounter daily and 
hourly." [State v. Burton, 45 Wis., 150.] 

2. Directors may not surrender Control to Others. No 
school can be conducted according to law that is not 
under the exclusive supervision of the directors. Conse- 
quently, no select school, that is not under their jurisdic- 
tion, and not open alike to all the children in the district, 
is entitled to any of the school fund. Nor can school 
directors make any compromise with the trustees of a 
seminary, academy, or any private institution, by which 
they agree to surrender any part of their legal jurisdiction 
and control of the school. No board of directors can sur- 
render the management of their school to any protestant 



138 SCHOOL LAWS AND DECISIONS. 

clergyman, or catholic priest, or to any other person or per- 
sons whatever. They woul(J be personally lia.ble for so doing, 
and the school fund would be forfeited for the whole time 
that the school was controlled by any persons besides the 
directors. A teacher who is interfered with or dictated to 
in respect to the management of his school, by any per- 
sons besides the directors, may regard such persons as in- 
truders, and if necessary eject them from his premises. A. 
school ceases to be a public school in the eye of the law, 
the moment that the control of it is assumed by any per- 
son or persons whatever except the directors. 

3. Extent of the Power to make Rules. In Eulison v. 
Post, 79 111., 567, the supreme court thus defines the power 
given school directors to make rules for the management 
and government of schools: 

"In the performance of their duty in carrying the law 
into effect, the directors may prescribe certain rules and 
regulations for the government of the schools in their dis- 
trict, and enforce them. They may, no doubt, classify the 
scholars, regulate their studies and their deportment, the 
hours to be taught, besides the performance of other duties 
necessary to promote the success and secure the well-being* 
of such schools. But all such rules and regulations must 
be reasonable, and calcula,ted to promote the objects of the 
law — the conferring of such an education upon all, free of 
charge. The law having conferred upon each child of 
proper age the right to be taught the enumerated branches, 
any rule or regulation which, b}^ its enforcement, would 
tend to hinder or deprive the child of this right can not be 
sustained. All rules must be adapted to the promotion 
and accomplishment of this great and paramount object of 
the law." 

4. Test of the Legality of Rules. The test questions to 
be applied to all proposed rules are, first, are they "rea- 
sonable"? i. e., do they require the pupils to do that which 
they may properly do? and, second, are they "calculated 
to promote the objects of the law" in providing for the 
common school education of the children of the state? 
[Fertach v. Michner, 111 Ind., 472.] 

5. Decisions of the Courts upon certain Rules. "What 
are reasonable rules is a question of law, and we do not 
hesitate to declare that a rule that would bar the doors 
of the school house against little children who had come 



SCHOOL LAWS AND DECISIONS. 139 

from so great a distance [one and one-half miles] in the 
cold winter, for no other reason than that they were a 
few minutes tardy, is unreasonable and therefore unlawful. 
In its practical operation it amounts to little less than 
wanton cruelty." [Thompson v. Beaver, 63 111., 353.] 

In this case, however, the rule is condemned because of 
the evil which might follow its enforcement, and not be- 
cause the object aimed at, prompt attendance, is not de- 
sirable; for in another case the court says that school 
boards "may undoubtedly require that there shall be 
prompt attendance, diligence in study and proper deport- 
ment." [Trustees of Schools v. The People, 87 111., 303.] 

Among the rules established by the board in a certain 
district was this: 

"All pupils will be required to bring written excuses from 
their parents to teachers for absence, and such excuses 
must be satisfactory and reasonable, otherwise they will 
not be granted." 

The court commented upon the rule as follows: 

"The rule in question is not a hard or harsh one. It 
does not of itself indicate any sinister or malevolent pur- 
pose, or wicked force, on the part of the directors. It does 
not trench upon the rights or dignity of any one. We in- 
stantly and properly repel any encroachment upon our 
rights as citizens. We have a proper pride and ambition 
in maintaining these rights under any and all circum- 
stances. But I am utterly unable to understand how this 
simple rule or regulation, requiring the pupil in certain 
cases to bring a written excuse from its parents to the 
teacher, is an attack upon, or an abridgement of, our 
inalienable rights as citizens of this free country." [Churchill 
V. Fewkes, 13 111. App. (13 Brad.), 520.] 

In Wisconsin it has been held that pupils may not be 
required to bring in fuel. 

"While from the necessity of the case much discretion 
muvSt be left to these boards as to the nature of the rules 
which are prescribed, yet it ca,n not fairly be claimed that 
the boards are uncontrolled in the exercise of their discre- 
tion and judgment upon the subject. The rules and regu- 
lations made- must be reasonable and proper, or, in the 
language of the statute, 'needful,' for the government, good 
order and efficiency of the schools — such as will best ad- 
vance the pupils in their studies; tend to their education 
and mental improvement, and promote their interest and 



140 SCHOOL LAWS AND DECISIONS. 

welfare. But the rules and regulations must relate to these 
objects. The boards are not at liberty to adopt rules re- 
lating; to other subjects according to their humor and 
fancy, and make a disobedience of such' a rule by a pupil 
cause his suspension or expulsion. We therefore think the 
rule or regulation requiring the pupil to bring up wood for 
use in the school-room was one which the board had no 
right to make and enforce." [State v. Board of Education, 
63 Wis., 234.] 

In Iowa it has been held that a pupil may not be punish- 
ed for an accidental and unintentional injury to school 
property and a failure to pay for the same: 

"By an accident, and without any evil purpose, he broke 
a window-glass. The rule requires him to -paj the damage 
done, and in default thereof authorizes the directors to 
exclude him from the school. We may admit that he ought 
to pay the damages and is liable therefore. But we think 
his omission to perform this duty cannot be punished by 
his expulsion from the school. The state does not deprive 
its citizens of their property, or their hberty, or of any 
rights, ex(jept as a punishment for a crime. It would be 
very harsh and obviously unjust to deprive a child of 
education for the reason that through accident and with- 
out intention of wrong he destroyed property of the school 
district. Doubtless a child may be expelled from school as 
a punishment for breach of discipline or for offenses against 
good morals, but not for innocent acts." 

"In this case the plaintiff was expelled, not because he 
broke the glass, but because he did not pay the damage 
sustained by the breaking. His default in tliis respect was 
no breach of good order or good morals. The rule requir- 
ing him to make payment is not intended to secure good 
order, but to enforce an obligation to pay a sum of money. 

"We are clearly of opinion that the directors have no 
authority to promulgate or enforce such a rule. [Perkins 
V. Directors, 56 la., 479.] 

6. Rules with reference to the Conduct of Pupils out of 
School Hours and away from School Premises. In Mis- 
souri it was held that a rule may be made by the school 
board forbidding pupils from fighting and using profane 
language on the way to and from school, and that, for a 
violation of such rule, a pupil may be punished. [Deskins 
V. Gose, 85 Mo., 485.] In some states decisions have been 
made which give the school authorities some control over 
pupils and their conduct after they have been home from 



SCHOOL LAWS AND DECISIONS. 141 

school. [Lander v. Seaver, 32 Yt., 120; Sherman v. 
Charlestown, 8 Cush., 160.] But control of pupils when 
they are not on the school premises may be assumed for 
the sole purpose of protecting and promoting the welfare 
of the school. Cognizance may be taken, therefore, of such 
acts only as directly affect harmfully the discipline and 
teaching of the school. 

"It is not misbehavior generally or towards other per- 
sons, or even towards the master in matters in no way 
connected with or affecting the school. For as to such mis- 
conduct, committed by the child after his return home 
from school, we think the parents, and they alone, have 
the power of punishment. The misbehavior must not have 
merely a remote and indirect tendency to injure the school. 
All improper conduct or language may perhaps have by 
influence and example, a remote tendency of that kind. 
But the tendency of the acts so done out of the teacher's 
supervision, for which he may punish, must be direct and im- 
mediate in their bearing upon the welfare of the school, or 
the authority of the master and the respect due to him. 

"Acts done to injure or deface the school-room, to destroy 
the books of scholars, or the books or apparatus for in- 
struction, or the instruments of punishment of the master; 
language used to other scholars to stir up disorder and 
insubordination, or to heap odium and disgrace upon the 
master; writings and pictures placed so as to suggest evil 
and corrupt language, images, and thoughts to the youth 
who frequent the school — all such or singular acts tend 
directly to impair the usefulness of the school, the welfare 
of the scholars, and the authority of the master. By com- 
mon consent and by the uniform custom in our New Eng- 
land schools, the master has always been deemed to have 
the right to punish such offences. Such power is essential 
to the preservation of order, decency, decorum, and good 
government in schools." [Lander v Seaver, 32 Yt., 114.] 

To protect the peace and property of the neighborhood 
is the duty of the municipality and the state, not of the 
school authorities. Besides, for obvious reasons, the 
teacher can not readily direct and control the conduct of 
pupils when they are beyond his personal supervision, and, 
hence, the teacher and the school board should take upon 
themselves no more responsibility for the conduct of pupils 
T^'hen beyond their immediate jurisdiction than a due re- 
gard for the efliciencv of the school demands. They should 



14:2 SCHOOL LAWS AND DECISIONS. 

in no case usurp or interfere with, the authority of parents 
and guardians to whose care and custody children are re- 
mitted when they are dismissed from school. [Dritt v. 
Snodgrass, 66 Mo., 286.] 

7. Tobacco in School. The school directors may ma,ke 
and enforce a rule forbidding the use of tobacco, in any 
form, in any school room or in any part of the school 
building. 

8. The Bible and Religious Exercises in Schools. The 
principles governing those concerned in public schools estab- 
lished and maintained by the state, are, or may be, quite 
unlike those applicable to all other kinds of schools and 
institutions of learning in respect to the matters now under 
advisement. Private schools and institutioiis may be Con- 
ducted in accordance with the opinions and wishes of their 
founders and teachers, or of the corporations controlling 
them; public schools must be conducted in harmony with 
the letter and spirit of the constitution and laws of the 
state in which they are established. 

In the first article of the amendments to the constitution 
of the United States, it is declared that "Congress shall 
make no laws respecting.the establishment of religion, or 
prohibiting the free exercise thereof." 

It would seem to follow from this, that any state may 
establish a religion, and cause the same to be taught in 
its schools; for if congress can make no law respecting the 
establishment of religion, it can make no law prohibiting 
the establishment of it. 

It follows, also, that a state may establish a religious 
test for teachers; and this may be done for teachers of 
private as well as of public schools. 

But the subject is not mentioned or in any manner re- 
ferred to in the school laws of this state. But all the laws 
of a state must be made and executed in accordance with 
the letter and spirit of its constitution. In the second 
article of the constitution of Illinois it is asserted and de- 
clared as follows: 

"Section 3. The free exercise and enjoyment of religious 
profession and worship, without discrimination, shall for- 
ever be guaranteed; and no person shall be denied any 



SCHOOL LAWS AND DECISIONS. 143 

civil or political right, privilege or capacity, on account of 
his religious opinions; * * * * no person shall be re- 
quired to attend or support any ministry or place of wor- 
ship against his consent, nor shall any preference be given 
by law to any religious denomination or mode of worship." 

Here is a rule of action as definite as it is practicable to 
make it, and yet comprehensive and flexible, perfectly 
adapted to the circumstances and sentiments of every 
school community. The constitution of the state neither 
requires nor forbids the reading of the Bible, or pra<yer, or 
any other form of religious or devotional exercise in schools, 
and the school laws are entirely silent on the subject. The 
spirit of the constitution in this regard is permissive, not 
mandatory, and the same spirit should actuate and con- 
trol the conduct of teachers and school authorities. While 
the largest freedom is granted to both, they are yet both 
amenable in their action to the paramount rule "that no 
human authority can, in any case whatever, control or in- 
terfere with the rights of conscience." Not even the legis- 
lature could require of teachers, directors or parents, any- 
thing in conflict with that declaration, or, if such a law 
were enacted, it would certainly be declared void by the 
supreme court. Much less can a board of directors require 
of a teacher, either by prohibition or command, anything 
that he can not conscientiously do; and a like restriction 
rests upon the teacher in his dealings with his pupils and 
their parents — other requirements may be enforced, but into 
the domain of conscience, none may enter. 

Being a matter over which the directors have no authori- 
tative control, they may signify their wishes to the teacher, 
but nothing more; should they go further, he may refuse to 
obey a command which they have no legal or moral right 
to enforce. And if, on the other hand, a teacher feels it to 
be his duty to read from the Bible, or offer prayer, at the 
opening of school, it is his privilege to do so, even if con- 
trary to the wishes of the directors, and for so doing he 
can not be discharged or molested— it is a sacred personal 
right of which he cannot be deprived. And all of the 
scholars who choose, or whose parents approve, may be 
present and participate in the reading and worship. In 



144 SCHOOL, LAWS AND DECISIONS. 

the case, however, of such a conflict between the opinions 
and wishes of the teacher and directors, the latter might, 
it is held, require that the moments of devotion be not 
taken from the regular school hours, but that the exercise 
be attended to either before school or after its close. The 
powers conferred upon directors, would seem to warrant 
their interference to the above extent, if they saw fit, but 
no further. It would remain for the teacher to judge in 
such a case, whether the interests of the school would best 
be subserved by insisting upon, or waiving his rights in 
the premises. 

The same principles apply to pupils, and to their parents 
or guardians; their rights of conscience must be equally re- 
spected. No scholar can be required to read the Bible in 
school, as a religious exercise, or to attend prayer, or par- 
ticipate in any other form of worship or devotion, contrary 
to the expressed wishes of his parent or guardian. If ob- 
jection is made on the ground of "conscience," it is a right 
with which "no human authority can, in any case whatever^ 
interfere." For the same reason, the children of Protest- 
ants can not be compelled to read from the Douay, or 
Catholic, version of the Bible, if their parents or guardians 
object; nor can the children of Catholics be forced to read 
from the common Protestant version, against the wishes 
of their parents or guardians. It follows, of course, that 
no pupil of any common or public school in this state, can 
be expelled, suspended, or otherwise punished, for declining 
to read the Bible, or any particular version thereof, as a 
rehgious exercise; or for declining to engage or participate 
in, or be present at, any formal act or service of religious 
worship or devotion, if in so declining he acts in accord- 
ance with the intelligent convictions of his own conscience^ 
or in compliance with the expressed desire of his parent or 
guardian. 

The same rule applies also to the character of the in- 
structions given by teachers, and to the text-books, etc., 
used in the schools. The spirit of the constitution, and the 
nature and objects of the public school, alike require that 
these should be free from whatever might justly be deemed 
offensive to the particular denominational or sectarian 



SCHOOL LAWS AND DECISIONS. 145 

tenets of any portion of the community. That which can 
not be done directly should not be done indirectly. Neither 
directors nor teachers can obtrude or force their private 
doctrinal opinions upon the pupils. 

McCormick v. Burt, 95 111., 263, is sometimes quoted as 
authorizing- a school board to compel pupils to pay atten- 
tion to rehgious exercises at the beginning of school. But 
the supreme court in that case has not passed upon the rule 
under which the boy McCormick was suspended. The de- 
cision was simply that the school officers sued were not 
liable in damages, since the party complaining can have no 
action when such officers act in good faith and in the line 
of what they think is honestl,y their duty. 

9. Enforcement of Rules. The law says that the board 
may enforce its rules, but is silent as to the means by 
which they may be enforced, except in providing for sus- 
pension and expulsion in certain cases named [147, note c], 
and no case relating to any other form of punishment in 
public schools has ever been carried to an appellate court 
or the supreme court in this state. But it is absolutely 
necessary that good order be maintained in the school and 
that the pupils obey promptly all rules and commands. 
Hence arises the right to coerce obedience by the use of 
reasonable means. The right to make rules, as we have 
seen, rests primarily, under the law, with the school board; 
so, too, in the school board is vested the power to enforce 
its rules. But the teacher represents the school board in 
the school room, and upon him necessarily falls the duty of 
governing the school and executing the orders of the board; 
such power naturally belongs to his position. 

10. Corporal Punishment— Some Decisions of the Courts^ 
The following summary of cases will give an idea of what 
has been held with reference to corporal punishment in 
schools by courts of last resort in other states, 

"The right of the parent to keep the child in order and 
obedience is secured by the common law. He may law- 
fully correct his child, being under age, in a reasonable 
manner, for this is for the benefit of his education. He 
may delegate, also, a part of his parental authority, dur- 
ing his life, to the tutor or schoolmaster of his child, who 
is then in loco parentis, and has such portion of the power 



146 SCHOOL LAWS AND DECISIONS. 

of the parent committed to his charge-^viz: that of re- 
straint and correction — as may be necessary to answer the 
pm-pose for which he is employed. [1 Black. Com., 453, 
454; 1 Hale's P. C, 473, 474.] 'The rights of parents 
[over their children] result from their duties. As they are 
bound to maintain and educate their children, the law has 
given them the right to such authority; and, in support 
of that authority, a right to the exercise of such discipline 
as may be requisite for the discharge of their sacred trust.' 
'The power allowed. by law to the parent over the person 
of the child may be delegated to a tutor or instructor, the 
the better to accomplish the purposes of education.' [2 
Kenfs Com., 169, 170.] Although the town school is in- 
stituted by the authority of the statute, the children are to 
be considered as put in charge of the instructor for the 
same purpose, and he clothed with the same power as when 
he is directly employed by the parents. The power of the^ 
parent to restrain and coerce obedience in children can not 
be doubted, and it has seldom or never been denied. The 
power delegated to the master by the parent must be ac- 
companied for the time being with the same right, as in- 1 
cidental, or the object sought must fail of accomplishment. 

"The practice, which has generally prevailed in our town 
schools since the settlement of the country, has been in ac- 
cordance with the law thus expressed, and resort has been 
had to personal chastisement when milder means of re- 
straint have been unavaiUng." [Stevens v. Fassett, 27 
Me., 266.] 

"The law having elevated the teacher to the place of the 
parent, if he is still to sustain that sacred relation, it be- 
comes him to be careful in the exercise of his authority, 
and not make his power a pretext for cruelty and oppres- 
sion. [14 Johns R. 119.] Whenever he undertakes to ex- 
ercise it, the cause must be sufficient, the instrument suit- 
able to the purpose; the manner and extent of the correc- 
, tion, the part of the person to v/hich it is applied, the 
temper in which it is inflicted, all should be distinguished 
with the kindness, prudence and propriety which become 
the station." \_Cooper v. McJunkin, 4 Ind., 291.] 

"The law, as we deem it to exist, is this: A schoolmaster 
has the right to inflict reasonable corporal punishment. 
He must exercise reasonable judgment and discretion in 
determining when to punish, and to what extent. In de- 
termining upon what is a reasonable punishment various 
considerations must be regarded — the nature of the offence, 
the apparent motive and disposition of the offender, the 
influence of his example and conduct upon others, a.nd the 
sex, age, size, and strength of the pupil to be punished. 



SCHOOL LAWS AND DECISIONS. 147 

Among reasonable persons much difference prevails as to 
the circumstances which will justify the infliction of punish- 
ment, and the extent to which it may properly be admin- 
istered. On account of this difference of opinion, and the 
difficulty which exists in determining what is a reasonable 
punishment, and the advantage which the master has by 
being on the spot to know all the circumstances — the man- 
ner, looks, tone, gestures, and language of the offender 
(which are not always easily described) — and thus to form 
a correct opinion as to the necessity and extent of the 
punisment, considerable allowance should be made to the 
teacher by way of protecting him in the exercise of his 
discretion. Especially should he have this indulgence when 
he appears to have acted from good motives and not 
from anger or malice. Hence the teacher is not to be held 
liable on the ground of excess of punishment unless the 
punishment is clearly excessive, and would be so held in 
the general judgment of reasonable men. If the punish- 
ment be thus clearly excessive, then the master should be 
held liable for such excess, though he acted from good 
motives in inflicting the punishment, and in his own judg- 
ment considered it necessary and not excessive. But if 
there is any reasonable doubt whether the punishment was 
excessive, the master should have the beneflt of the doubt." 
^{Lander v. Seaver, 32 Yt., 114; Patterson v. Nutter, 78 
Me., 509; Heritage v. Dodge, 64 N. H., 297.] 

In State v. Mizner, 50 la., 145, the supreme court ap- 
proved the following instructions: 

"In the absence of all proof, the law presumes that a 
father or school teacher punishes a child of the father or 
the pupil of the teacher for a reasonable cause and in a 
moderate and reasonable manner. But this presumption, 
like all other legal presumptions, mav be rebutted by the 
proof." 

"The legal objects and purposes of punishment in schools 
are like the objects and purposes of the state in punishing 
the citizen. They are threefold: First, the reformation and 
the highest good of the pupil; second, the enforcement and 
maintenance of correct discipline in school; and third, as 
an example to like evil-doers. And in no case can the pun- 
ishment be justifiable unless it is inflicted for some definite 
offence or offences which the pupil has committed, and the 
pupil is given to understand what he or she is being pun- 
ished for. And if you find from the evidence that the pun- 
ishment in this case was inflicted upon the prosecutrix 
without her knowing what she was being punished for, then 
the punishment was wrongful on the part of the defendant. 



148 SCHOOL LAWS AND DECISIONS. 

Punishment inflicted when the reason of it is unknown to 
the punished, is subversive and not promotive of the true 
objects of punishment, and cannot be justified." 

It was also held that any punishment with a rod which 
left marks or welts on the person of the pupil for two 
months afterward, or much less time, was immoderate and 
excessive, and that the court would have been justified in 
so instructing the jury. In this case the pupil was pun- 
ished by the teacher because, acting under the direction of 
her father, she did not study algebra or attend school at 
the hours fixed. The court held that such a violation of 
rules should be punished by suspension or expulsion and 
not by whipping. 

"We hold, therefore, that it may be laid down as a gen- 
eral rule, that teachers exceed the limits of their authority 
when they cause lasting mischief; but act within the limits 
of it when they inflict temporary pain. 

"Within the sphere of this authority the master is the 
judge when correction is required, and of the degree of 
correction necessary; and, like all others intrusted with a 
discretion, he can not be made personally responsible for 
error of judgment, but only for wickedness of purpose. 

"But the master may be punishable when he does not 
transcend the powers granted, if he grossly abuse them. 
If he use his authority as a cover for malice, and, under 
pretence of administering correction, gratify his own bad 
passions; the mask of the judge shall be taken off, and he 
will stand amendable to justice as an individual not in- 
vested with judicial power." [Stiite v. Pendergrass, 2 Dev. 
& Bat., 365.] 

If, in inflicting punishment upon his pupil, he went be- 
yond the limit of moderate castigation, and, either in the 
mode or degree of correction, was guilty of any unreason- 
able and disproportionate violence or force, he was clearly 
liable for such excess in a criminal prosecution. [1 Hawk, 
c. 60, § 2S; Russell on Crimes, (7th Amer. Ed.), 755; Bac, 
Ab. Assault and Battery 6'.] It is undoubtedly true that^ 
in order to support an indictment for an assault and bat- 
tery, it is necessary to show that it was committed ex 
intentione, and that if the criminal intent is wanting the 
offense is not made out. But this intent is always inferred 
from the unlawful act. The unreasonable and excessive 
use of force on the person of another being proved, the 
wrongful intent is a necessary and legitimate conclusion in 
all cases where the act was designedly committed. It then 
becomes an assault and, because purposely inflicted, without 



SCHOOL LAWS AND DECISIONS. 149 

justification or excuse. Whether, under all the facts, the 
punishment of the pupil is excessive, must be left to the 
jury." [^Commonwealth v. Randall, 4 Gray, 36.] 

"In inflicting such punishment the teacher must exercise 
sound discretion and judgment, and must adapt it not 
only to the offense but to the offender. Horace Mann, a 
high authority in the matter of schools, says of corporal 
punishment: 'It should be reserved for baser faults. It is 
a coarse remedy, and should be employed upon the coarse 
sins of our animal nature, and, when employed at all, should 
be administered in strong doses.' Of course the teacher, in 
inflicting such punishment, must not exceed the bounds of 
moderation. No precise rule can be laid down as to what 
shall be considered excessive or unreasonable punishment 
[Reeve's Dom. Rel., 288.] Each case must depend upon 
its own circumstances. And we think it equally clear that 
he should also take into consideration the mental and 
moral qualities of the pupil, and, as indicative of these, 
his general behavior in ' ^tool and his attitude towards 
his teacher become proper subjects of consideration. 

"We think, therefore, that the court acted properly in 
admitting evidence of the prior and habitual misconduct 
of the plaintiff, and that it was perfectly proper for the 
defendant, in chastising him, to consider not merely the 
immediate offense which had called for the punishment, 
but the past offenses that aggravated the present one, and 
showed the plaintiff to have been habitually refractory and 
disobedient. Nor was it necessary that the teacher should, 
at the time of inflicting the punishment, remind the pupil 
of his past and accumulating offenses. The pupil knew 
them well enough, without having them freshly brought to 
his notice'" [Sheehan v. Sturges, 58 Conn., 481.] 

If a pupil who is of age attends school, she submits her- 
self to all the rules of the school and to like discipline with 
those pupils who are under age. [State v. Mizner, 45 la., 
248.] The same rule holds if the pupil is over twenty-one 
years of age and attends the school by consent of the 
directors. [Stevens v. Fassett, 27 Me., 266.] 

In Peck V. Smith, 41 Conn., 442, the judge held that a 
member of a school board may eject a pupil from the 
school house for insulting conduct towards him: 

"The defendant, being at the school house performing 
certain duties connected with the school, called the atten- 
tion of the plaintiff to certain acts, not especially culpable 
in character, which he acknowledged he had committed. 
His bearing and manner were insolent and offensive, and 



150 SCHOOL LAWS AND DECISIONS. 

the language in which he indulged was grossly profane. 
Such language, reprehensible at all times, should not have 
been allowed to pass with impunity from a school boy of 
the older class, within the walls of a school house, in the 
presence and hearing of younger pupils. After being told 
to leave, he so conducted that it was proper to remove 
him, no unnecessary force being used to attain that ob- 
ject." [See, also, Vdnvactor v. State, 113 Ind., 276.] 

"It may be proper to observer however, that public sen- 
timent does not now tolerate such corporal punishment of 
pupils as was formerly thought permissible and even neces- 
sary." [1 Coolefs Blackstone, 453.] - 

11. Rule which should control the Teacher in intiicting- 
Punishment. The opinions of the highest judicial tribunals 
and eminent jurists concur in respect to the propriety and 
necessity of granting school teachers authority to inflict 
corporal punishment in certain cases, and of protecting 
them in the prudent and reasonable exercise of such author- 
ity either to promote the welfare of the child or the wel- 
fare of the whole school. Teachers are, however, held to a 
just accountability for the abuse of the power conferred. 
The decisions cited relate to punishments with the rod^ 
ferule, etc., but the rule of discretion and accountability is 
the same for all other forms of punishment. Without 
doubt the best teachers do, as a general rule, use the rod 
the least, because they have a more perfect personal dis- 
cipline, and command a wider range of mental and moral 
resource from which to draw in dealing with the wayward 
and erring; and because they have, by nature, the faculty 
of dealing easily and successfully with youth. It may be 
that if we all were wise enough, some other remedy might 
be found in every case, I can not say. But it is quite cer- 
tain that, so far as we can judge of cause and effect, cases 
arise at one time or another in the experience of most 
teachers, when the timely and judicious infliction of cor- 
poral punishment seems both at the time and afterwards, 
the wisest and best thing that could be done. Certain it 
is, also, that castigation with the rod is often less cruel 
than sharp words, tones of irony, sarcasm or invective, 
and less humilating and harmful than some of the substi- 
tutes therefor. 



SCHOOL LAWS AND DECISIONS. 151 

12. Liability of Directors arid Teachers in Making and 
Enforcing Rules. "In the performance of the duties im- 
posed by law upon school directors they must exercise 
judgment and discretion. What rules and regulations will 
best promote the interests of the school under their im- 
mediate control, and what branches shall be taught and 
what text-books shall be used, are matters left to the 
determination of the directors and must be settled by them 
from the best lights they can obtain from any source, 
keeping always in view the highest good of the whole 
school. Good order can only be maintained by enforcing 
discipline, and that power is largely committed to the 
directors. 

"In such cases the law seems to be well settled that 
there can be no action maintained against school officers 
when they act without malice. 

"The rule is certainly a reasonable one. A mere mistake 
in judgment, either as to their duties under the law or as 
to facts submitted to them, ought not to subject such 
officers to an action. They may judge wrongly, and so 
may a court or other tribunal, but the party complaining 
can have no action when such officers act in good faith 
and in the line of what they think is honestly their dutj^. 
Any other rule might work great hardship to honest men 
who, with the best of motives, have faithfully endeavored 
to perform the duties of these inferior offices. Although of 
the utmost importance to the public, no considerable 
emoluments are attached to these minor offices, and the 
duties are usually performed by persons sincerely desiring 
to do good for their neighbors, without any expectation 
of personal gains, and it would be a very harsh rule that 
would subject such officers to an action for damages for 
every mistake they may make in the honest and faithful 
discharge of their official duties as they understand them. 
It is not enough to aver the action of such officers was 
erroneous, but it must be averred and proved that such 
action was taken in bad faith, either wantonly or mali- 
ciously. If, in the discharge of their official duties, such offi- 
cers simply err, it is what other tribunals invested with 
discretionarv powers are liable to do. [McCorinick v. Burt^ 
95 111., 263r Churchill v. Fewkes, 13 111. App. (18 Brad.), 
520; Fertach v. Michner, 111 Ind., 223.] 

But when directors and the teacher do not act within 
the scope of their authority, or are guilty of arbitrary, 
wanton, or oppressive conduct, they render themselves 
liable personally. [Rulison v. Post, 79 111., 567; McCutchen 
V. Windsor, 55^ Mo., 149.] 



152 SCHOOL LAWS AND DECISIONS. 

13. Tuition-paying Pupils. Tuition-paying pupils are 
amenable to all the rules of the school, the same as are 
the other pupils, and are subject to the same control. \_Sta,te 
V. Mizner, 45 la., 248.] 

14. Teacher without certificate may govern School. A 
teacher without a certificate has authority to govern the 
school. Though not a teacher for all purposes, in the eye 
of the law, he does sustain that relation to parents and 
pupils and, hence, may control the school as a teacher. 

(d) Visitation of Schools by Directors. As to directors' 
powers in respect to visitation: 

"Should any scholar misbehave himself, or prove refract- 
ory or contumacious to the committee, while they are 
engaged in examining the school, it is presumed they have 
authority to suspend, expel, or to punish on the spot, in 
the same way that the teacher may do in the case of like 
misconduct committed against himself." [Horace Mann, 
Sec. Mass. Board of Education, 10th Rep., 183; State v. 
Williams, 27 Vt., 755; Feck v. Smith, 41 Conn., 442.] 

(e) 1. A Teacher must be employed by the School Board. 
The board of directors as a corporate body must act in 
the employment of a teacher. [Directors v. Jennings, 10 
111. App. (10 Brad.), 643.] 

2. The Teacher must have a Certificate for the whole 
Term of the Contract. The employment will not be valid 
unless the the teacher holds at the time of making a con- 
tract such a certificate of qualifications as the law requires, 
good for the term of the contract. Getting a certificate 
subsequently will not make the contract valid. [Stevenson 
V. Directors, 87 111., 255; Davis v. Directors, 92 111., 293; 
Butler V. Haines, 79 Ind., 575.] 

Formerly it was essential to the validity of a contract 
that the teacher should actually exhibit his certificate to 
the directors at the time of making the contract. Now it 
is essential that he have a certificate, as above; but a 
failure to exhibit it to the directors does not invalidate the 
contract. 

3. The Provisions of the Law and Pules of the Board a 
Part of the Contract. Both the school board and the 
teacher are bound by the provisions of the law as to their 
respective duties, and the rules of the board may be made 



SCHOOL LAWS AND DECISIONS. 153 

a part of the contract. For instance the law requires the 
teacher to keep a register; it makes it the duty of the 
board to pay the teacher each month. A rule of the board 
may give it the power to assign the teacher to any school. 
IJacksonville v. Akers, 11 111. App. (11 Brad.), 394; Rober- 
json V. Ti'outt, 17 111. App. (17 Brad.), 386; Everett v. Dis- 
trict, 30 Mich., 249.] 

4. When is a Contract Complete? A contract is not 
complete without the consent of both parties. A vote by 
a school board to employ a person to teach does not bind 
the board until it has been communicated to, and accepted 
b}'- him. Up to the time of acceptance the board may re- 
consider its vote. In the same way a person offering to 
teach is not bound until the school board has accepted his 
offer. A contract may be completed by mailing a letter or 
sending a telegram of acceptance. [Haas v. Myers, 111 
111., 421; Kal Nov. Mfg. Co. v. Macalister, 40 Mich., 84; 
Pollock on Contracts, p. 8.] 

5. Personal Services Contracted for— Assistant— Substi- 
tute. The contract with a teacher is for his own services. 
The school board must itself employ all teachers, and may 
not contract with a teacher whom it has employed to 
supply his own assistant or substitute. [Directors v. Hud- 
son, 88 111., 563; State v. Williams, 29 Ohio, S., 161.] 

"A teacher doubtless, like a lawyer, surgeon, or physi- 
cian, when he undertakes an employment, impliedly agrees 
that he will bestow upon the service a reasonable degree 
of learning, skill and care. When he accepts an employ- 
ment as teacher in any given school, he agrees by implica- 
tion that he has the learning necessary to enable him to 
teach the branches that are to be taught therein, as well 
as that he has the capacity in a reasonable degree of im- 
parting that learning to others. He agrees, also, that he 
will exercise a reasonable degree of care and diligence in 
the advancement of his pupils in their studies, in preserv- 
ing harmony, order, and discipline in the school, and that 
he will himself conform as near as may be to such reason- 
able rules and regulations as m.aj be established by com- 
petent authority for the government of the school. He 
also agrees, as we think, by a necessary implication, that 
while he continues in such employment his moral conduct 
shall be in all respects exemplary and beyond just re- 
proach." \_Crawfordsville v. Hays, 42 Ind., 200.] 
-10' 



154 SCHOOL LAWS AND DECISIONS. 

6. Contract with a Minor. A person who is a minor 
may contract to teach a school with the consent of his- 
parent or guardian. [Monaghan v. District, 38 Wis., 100.] 
If a minor contracts for himself with the consent of his^ 
parent, or when he has been "given his time" or left to 
"do for himself," his wages may be paid to him. 

A teacher who is a minor may abandon his contract and 
recover for the time he has taught. [Schouler on Domestic 
Relations, § 561.] 

7. Abandoning a Contract — Resignation. But a teacher 
who is of age, having acreed to teach for a definite term,, 
cannot recover for services rendered if he quits before the 
close of the term. \_Glark v. District, 29 Yt., 217.] 

The same rule applies to resignations; the teacher cannot 
resign at will. Parties to a contract are bound by its 
terms. 

8. School closed by Directors. On the other hand, if the 
board of directors fails to do, or does anything which re- 
sults in closing the school for any length of time during a 
school term, the teacher's pay goes on the same as if he 
had taught, provided he holds himself ready to comply 
with his contract and subject to the order of the board. 
This rule applies in cases where the board fails to have re- 
pairs made upon the school house by the time the term 
Was to begin, according to the contract; where the directors 
fail to furnish fuel in the winter season, etc. The most 
common case is the closing the school by the directors on 
account of the presence of some epidemic or contagious, 
disease in the vicinity. [Dewey v. District, 43 Mich., 480.] 

9. Employment of Teacher for current Year— Not for the 
Next Tear. Contracts with teachers for terms of school to 
begin alter the annual school election, should be made by 
the board prior to that election. But contracts may be 
made for terms beginning before, and continuing for a rea- 
sonable time after the election. For example, a contract 
made in March for a term to begin the first of May or the 
first of September, is not lawful; but a contract made in 
June for a term of nine or ten months, beginning Septem- 
ber first, is lawful; so, too, when it is desired to have a 
summer term of two or three months begin April first. 



SCHOOL LAWS AND DECISIONS. 155 

such a contract will be valid. [Stevenson v. Directors, 87 
111., 255; Davis Y. Directors, 92 111., 293.] 

But not when the teacher is employed for a three months' 
term only five days before the election. [Cross v. Directors, 
24 111. App. (Smith), 191.] 

10. No Contract between Teacher and Pupil. There is 
no contract between a teacher and his pupil such as to 
give the pupil a right of action against the teacher for not 
hearing his lessons. The teacher contracts with the school 
board alone. [StiickeyY. Churchman, 2 111. App. (2 Brad.), 
584; Spear v. Cummings, 23 Pick., 224.] 

11. Teachers Amenable to Directors only. Teachers are 
answerable to the directors only, for their conduct while in 
the employ of the board. They must faithfully carry out 
the wishes and instructions of the directors in all matters 
pertaining to the management and discipline of the school, 
text-books used, branches taught, and whatever relates to 
the general policy of the school; and for so doing they can- 
not be called to an account by the inhabitants of the dis- 
trict, but are amenable only to the board. 

12. Teachers not required to make Fires, Sweep, etc. The 
teacher may not be required to do janitor work unless he 
has agreed so to do in making his contract with the board 
of directors. Such services do not form a part of his duty 
as a teacher. [See, also, 60, notes 16 and 17.] But he 
may properly be required to exercise a due care and super- 
vision over the school premises, furniture, apparatus and 
library; for this is clearly stated in 196, and in the direct- 
ors' certificate attached to the schedule in 199. 

13. Written Contracts. School boards and teachers 
should make written contracts. All of the points about which 
differences would be likely to arise, such as the amount of 
salary, length of time, etc., should be jjlainly set forth in 
such agreements. The language of the contract must ex- 
press the exact intention of the parties; for while the rule 
of the law is to give effect to the intention, yet if the lan- 
guage is unequivocal it will govern, although it fail to 
express the real intention of the parties. [Benjamin v. 
McConnell, 4 111. (Gilman), 536.] 



156 SCHOOL LAWS AND DECISIONS. 

14. Effect of Revocation ofCertMcate. If a teacher's cer- 
tificate is revoked while he is under contract to teach, the 
contract is made void by the revocation from the date 
thereof. 

15. Directors Responsible, not the People. Directors are 
clothed with authority to appoint teachers, and regulate 
the internal affairs of the school in accordance with their 
own best judgment. It is presumed, of course, that in the 
exercise of this authority, they will act with due regard to 
the opinions and wishes of the people of the district, whose 
agents they are. But the directors, not the citizens at 
large, are legally accountable for the control and manage- 
ment of the school. Whenever, therefore, a difference of 
opinion arises between the directors and citizens, in respect 
to the choice of a teacher, or any other question of school 
policy, the directors have full power to decide the points 
in controversy, and it is their duty to do so according to 
their own best judgment and discretion, amenable only to 
the provisions of the school law of the state, from which 
all their official powers are derived. 

(f) 1, Branches of Study. In 190 it is said: "Every 
school established under the provisions of this act shall be 
for the instruction in the branches of education prescribed 
in the qualifications for teachers, and in such other branches 
including vocal music and drawing, as the directors or the 
voters of the district, at the annual election of directors, 
may prescribe." This and the clause of 146, "the directors 
shall direct what branches of study shall be taught" must 
be construed together. The purpose of the law is that in 
every school district every school child, as he becomes fitted 
therefor, shall have the privilege of receiving instruction in the 
several branches named in 187, in the qualifications for a 
teacher's certificate of the first grade. This alone will 
satisfy the law; neither the directors, the teacher nor the 
people can exclude any branches specified in the act. 

2. School Board to make a Course of Study — To classify 
Pupils. The power of the school board in the premises is, 
then, to determine the order in which the studies required 
to be taught shall be taken up, what time shall be given 
to each, and, if it be impracticable or undesirable to have 



SCHOOL LAWS AND DECISIONS. 157 

all the branches taught in one term, as it may well be in 
a country school, to determine also what branches shall 
not be taught for the term. In a word, the school board 
of each school should arrange a course of study so that 
each branch may come in its natural order, and so that 
every pupil may have the opportunity afforded to pursue 
them all during his school years. If other higher branches 
are added to the course, each must be given its appro- 
priate place and time. 

The board may classify the pupils with regard to the 
branches of study they are respectively pursuing, and with 
regard to proficiency or degree of advancement in the same 
branches. 

3. Choice of Studies by Pupils. The rights of pupils in 
regard to selecting studies, as determined in this state, 
may be presented thus: 

(1) Pupils can study no branch which is not in the course 
prescribed by the directors. 

(2) Pupils can study no branch of such prescribed course 
for which they are not prepared; of which preparation the 
teachers and directors shall judge. 

(3) Pupils shall study the particular branches of the 
prescribed course which the teachers, with consent of the 
directors, shall direct, unless honest objection is made by 
the parents. 

(4) If objection is made in good faith, parents shall be 
allowed to select from the particular branches of the pre- 
scribed course for which their children are fitted, those 
which they wish them to study; and for the exercise of 
such right of choice the children shall not be liable to sus- 
pension or expulsion. 

If a pupil desiring admission to the high school is quali- 
fied to pursue every branch of study which he wishes to 
pursue, he may not be refused admission, because he can- 
not pass the required entrance examination in some branch 
in no manner connected with those he wishes to study. 
[State Superintendent Batemsbn's Report, 1873-4, 33; Rul- 
ison V. Post,!^ 111., 567; Trustees v. People, 87 111., 303; 
Morrow v. Wood, 35 Wis., 59.] 



158 SCHOOL LAWS AND DECISIONS. 

4. Effect of ''Compulsory Law. The foreo:oing decisions 
were rendered before the passage of our "compulsory edu- 
cation" law, [302]; and they must, doubtless, be modified 
so as not, in any particular case, to defeat that law. 

5. Declamation and Composition. In addition to the 
regular course of study which it is the duty of every board 
of directors to prescribe, there are certain general exercises 
in which it is customary to require the more advanced 
pupils in public schools to participate. Among such gen- 
eral school exercises may be mentioned the writing of "com- 
positions," the recitation or declamation of short pieces of 
prose or poetry. That boards of directors, acting as they 
believe for the best interests of the schools, may, in their 
discretion, require pupils to engage and take part in such 
exercises, can hardly admit of a doubt. And if this is so, 
if the right is conceded, the authority to enforce obedience, 
by all lawful means, must also be conceded. It is therefore 
held that when such general exercises as composition- writ- 
ing, declamation, etc., are enjoined, all the pupils included 
in the requirement must comply with the regulations made 
and established in respect thereto, unless duly excused 
therefrom. 

It is further held that pupils cannot be excused from such 
exercises, whether at their own request or that of their 
parents or guardians, without the consent of the board. 
The case in hand does not fall within the scope of the prin- 
ciples laid down above, nor can the qualified right of choice 
in studies there granted, be plead in juvstification of re- 
fusal to comply with the regulations of the board in regard 
to declamation and composition-writing. Nor is this a dis- 
tinction without a difference, as might at first view appear; 
because a regular daily study, and a brief general exercise, ' 
occurring onl^^ at intervals of from one to four weeks, are 
very different things— so different that the considerations 
applicable to the one do not apply to the other at all. 

6. Uniformity of Text-Books. By "uniformity of text- 
books" is meant that the pupils of the same grade or 
class who are pursuing the same study must all have for 
that study books which are alike. That is, pupils in the 
first-reader class must have the same First Reader; and 



SCHOOL LAWS AND DECISIONS. 159 

pupils in the fifth-reader class must have the same Fifth 
Eeader. But it is not required that the First Reader and 
the Fifth Reader used shall belong to the same series. One 
may be from one publishing house, and the other from 
another. And the law must be understood in the same 
way in regard to each of the other branches. 

7. ChaBges of Text-Books — Penalty. Directors who, in 
violation of the law, do permit text-books to be changed 
oftener than once in four years are liable, for their failure 
to perform their duty, under the law, to the penalty of 
twenty-five dollars named for such failure in 284. 

(g) Purchasing Text-Books. Directors are not given the 
power to purchase with school funds the regularly adopted 
text-books for the use of all the children of the district; 
and books for such use may not be purchased under the 
pretence of a purchase of books for the school library. 
The only power the directors have in this regard is to pur- 
chase books for children whose parents are not able to buy 
books for them. 

{h) Directors Liable. The schedules filed from each dis- 
trict of the township with the township treasurer serve as 
evidence for the trustees that the district has had a legal 
school for the year. If, through failure to file the schedules, 
such evidence is not presented to them, the trustees must 
pass the district in distributing funds, and any loss thus 
sustained through the neglect of the directors falls upon 
them personally. [56, note (c), 1 and 2.] 

(z) Report to Voters. This financial report of the di- 
rectors is made to the voters to show them how their 
money has been spent, and should be presented at such 
time during the progress of the election as will give it the 
greatest publicity. Posting the semi-annual statements of 
the treasurer upon the door of the building where the elec- 
tion is held is required for the same purpose. [1 14, note 1.] 

147. Official powers. § 27. The board of school di- 
rectors shall be clothed with the following additional 
powers : 

First — To use any funds belonging to their district, and 
not otherwise appropriated, for the purchase of a suitable 
book for their records. And the said records shall be kept 
in a punctual, orderly and reliable manner. 



160 SCHOOL LAWS AND DECISIONS. 

Second— Bsiid directors may, where they deem the amount 
of labor done sufficient to justify it, allow the clerk of such 
board of directors, out of any funds not otherwise appro- 
priated, compensation for duties actually performed. 

Third— They shall have power to dismiss a teacher for 
incompetency, cruelty, negligence, immorality or other 
sufficient cause, (a) 

Fourth— Thej shall have power to assign pupils to the 
several schools in the district; to admit non-residents when 
it can be done without prejudice to the rights of resident 
pupils; to fix rates of tuition; collect and pay the same to 
the township treasurer for the use of said district, (b) 

Fifth — They may suspend or expel pupils who may be 
guilty of ^ gross disobedience or misconduct, and no action 
shall lie against them for such expulsion or suspension, (c) 

Sixth — They may provide that children under twelve (12) 
years of age shall not be confined in school more than 
four hours daily, {d) 

Seventh — They may appropriate, for the purchase of li- 
braries and apparatus, any school funds remaining after all 
necessary school expenses are paid, (e) 

Eighth — When any school district owns any personal 
property not needed for school purposes, the directors of 
such district may sell such property at public or private 
sale, as in their judgment will be for the best interest of 
the district, and the proceeds of such sale shall be paid 
over to the treasurer of such district, for the benefit of 
said school district. 

Ninth — They may grant special holidays whenever in their 
judgment such action is advisable; Provided, no teacher 
shall be required to make up the time lost by the grant- 
ing of such holidays. 

Tenth — They shall have the control and supervision of 
all school houses in their district, and may grant the tem- 
porary use of school houses w^hen not occupied by schools, 
for religious meetings and Sunday schools, for evening 
schools and literary societies, and for such other meetings 
as the directors may deem proper. (/) 

Eleventh — They shall have power to decide when the' 
school house site, or the school buildings have become un- 
necessary, or unsuitable, or inconvenient for a school, (g) 

Twelfth — They may borrow money and issue bonds there- 
for for building school houses, purchasing sites, repairing 
and improving school houses, in the way and manner pro- 
vided for by article 9 of this act. 

(a) 1. Dismissal of TeRcher^Illinois Cases. The few 
cases in relatic n to the dismissal of teachers by school 



SCHOOL LAWS AND DECISIONS. 161 

which have been before our supreme and appellate courts^ 
have established these points: When a board of directors 
dismisses a teacher, it must be careful to see that every 
essential reason therefor is spread upon the record; for 
while failure to specify, in the record, any reasons for the 
order of dismissal is not conclusive upon the teacher, leav- 
ing the directors to prove the facts the\^ allege in the order, 
precisely as if it had not been made, it is, nevertheless, 
binding upon the directors, and estops them from showing 
any other or different causes. [Neville v. Directors, 3(5 
111., 71.] 

The possession by a teacher of a proper certificate of 
qualification is prima facie evidence of competency, and 
directors in dismissing such a teacher for incompetency 
assume the burden of proving their charge. [Ibid.'} 

In considering the grounds upon which a teacher may 
be discharged for incompetency or neglect of duty, it is 
held that the law does not require the highest possible 
qualifications, or the possession of professional talents 
equal to the most eminent and successful teachers, but 
only fair attainments and ability, and the usual diligence 
and application to the discharge of his duties, to fulfill 
his contract. [Ibid.} 

An illegal discharge entitles the teacher to recover dam- 
ages. [Ibid.} 

Or the teacher may apply for a mandRmus to be per- 
mitted to discharge his duty. [People v. Siclen, 43 Hun^ 
537.] 

A discharge makes it impossible for a teacher to keep a 
schedule subsequent thereto; hence in suing for wages for 
the time he was engaged to teach, but from which he was 
barred by a. discharge without cause, he need not aver 
that he kept a schedule in accordance with the provisions 
of the statute. [Directors v. Eeddick, 77 111., 628.] 

If a teacher, without the consent and against the order 
of the board, leave his school to a substitute, he may be 
dismissed even though it be shown that the substitute was 
competent. [Directors v. Hudson, 88 111., 563.] 

Failure to comply with and enforce reasonable rules is a 
suflacient ground for the dismissal of a teacher, whether 



162 SCHOOL LAWS AND DECISIONS. 

the failure result froni neglio^ence or from positive refusal. 
IRoberson v. Troutt, 17 IlL App. (17 Brad.), 386.] 

In a case in which the directors are sustained in annull- 
ing a contract with a teacher, before he began teaching, 
on a charge of immorality, the court says : 

"Ability to teach the branches prescribed does not alone 
qualify a person to teach our youth. In addition thereto, 
they should be persons who, for their known virtue and 
morality, are fitted to be trusted with the dearest treas- 
ures of the father and mother — the person and mind of 
their child. They should be entitled to and receive the en- 
tire confidence of the patron and pupil. If suspicion of 
vice or immorality be once entertained against a teacher, 
his influence for good is gone. The parents become dis- 
trustful, the pupils contemptuous, and the school discipline 
essential to success is at an end." [Tinglej v. Vaughn, 
17 111. App. (17 Brad.), 347.) 

2. Mode of Dismissal. The board does not sit as a 
court when it is considering the question of discharging a 
teacher; and so, while it is bound to treat the teacher 
fairly, there need be no formal summons, and no particular 
order of hearing the case as in a court. [People v. Mays, 
117 111., 257; District v. McCoy, 30 Kas., 268.] 

(b) Assignments of Pupils to Schools. In districts where 
there are two or more school houses, the directors have 
full power to prescribe and determine to which house each 
pupil of the district shall be permitted to go. It is a mat- 
ter clearly within the official jurisdiction and control of 
the directors, and lor their action in the premises they can 
not be called to account, except for wanton abuse of the 
powers conferred upon them bylaw. But see 146, note {b),5. 

(c) 1. Suspension and Expulsion — Illinois Cases. Upon 
the power given school boards to suspend or expel pupils, 
we have some instructive decisions by the courts. A pupil 
having declined to study book-keeping because her parents 
objected, was expelled, and somewhat forcibly removed 
from the building by the teacher, acting in accordance with 
the order of the directors. She instituted an action of 
tresspass against the directors and the teacher, and was 
awarded |130 damages in the circuit court. The supreme 
court afiirmed the judgment, holding as follows: 



SCHOOL LAWS AND DECISIONS. 163 

"The law having; conferred upon each child of proper 
ag-e the right to be taught the enumerated branches, any 
rule or regulation which, by its enforcement, would tend 
to hinder or deprive the child of this right can not be 
sustained. All rules must be adapted to the promotion 
and accomplishment of this great and paramount purpose 
of the law. 

"The law, for the purpose of preserving the school and 
promoting its usefulness, has empowered the directors to 
suspend or expel scholars, but only for disobedient, re- 
fractory, or incorrigibly bad conduct. It is by the com- 
mission of one of these acts, alone, that the pupil can for- 
feit his right to the privileges of the school; and this for- 
feiture can only be enforced, and the right lost, after all 
other reasonable means have failed. Nor is the suspension 
or expulsion designed merely as a punishment of the child, 
but principally as a means of preserving order and the 
proper government of the school. ***** q^^^ 
directors had no power to expel appellee from the school 
and its privileges and benefits, because she, under the 
direction of her parents refused to study book-keeping, as 
it is not one of the branches enumerated in the statute, 
and is one her parents had the option to have taught her 
as the directors had provided that it should be taught in 
the school; and the directors having no such power, they 
could not lawfully expel appellee from the benefits and 
privileges of the school, for a refusal to comply with this 
requirement, and when they did so with force, it consti- 
tuted a trespass. What they did by the teacher, they did 
by themselves, according to a familiar maxim of the law. 
Nor could the teacher justify under the authority of the 
directors, as they could not, under the law, authorize him 
to perform an illegal act, as this was, and having com- 
mitted the trespass, they are liable to respond in damages." 
{Bulison V. Post, 79 IlL, 567.] 

A pupil having refused, under the direction of her father, 
to bring a written statement explaining her tardiness, was 
suspended and removed from the room without unnecessary 
force. The rule requiring such statement was as follows ; 

"Any pupil who shall be a bsentor tardy shall be required 
(the next time he or she comes to school from home after 
such absence or tardiness) to present to the teacher a writ- 
ten excuse or statement from his or her parent or guardian, 
. showing to the satisfaction of the teacher that such absence 
or tardiness was caused or occurred with the knowledge or 
consent of the parent or guardian, and also showing the 



164 SCHOOL LAWS AND DECISIONS. 

length of time such pupil was so detained, or permitted to 
be absent by the parent or guardian." 

The pupil instituted a suit in trespass against the school 
board and the superintendent. Hon. James Steele, sitting 
as circuit judge at Charleston, gave the jury the following 
among other instructions: 

(1) "The directors of a school district are authorized by 
law to adopt and enforce all necessary rules and regula- 
tions for the management and government of the school 
or schools within their district, and to suspend or expel 
pupils from such schools for disobedient conduct; and, 
w^hile it is true that the law secures to every child, of 
proper age, the right to attend and receive instruction at 
our public schools, yet that right must be so exercised, by 
each particular child, as not to interfere with the full en- 
joyment of the same right by every other child. No child 
can be said to have an exclusive right to attend our pub- 
lic schools, but all children, of proper age, have a common 
right to attend them, subject, however, to such necessary 
rules and regulations as the directors of such school may 
see fit to make; and if the parents of any particular child 
see fit to make rules and regulations for such child which 
shall conflict with the necessary rules and regulations made 
by the directors for the government of the school where- 
such child has a right to attend, then the necessary rules 
and regulations, so made by the directors, must govern ; 
and if such child, while in attendance upon school, persists 
in obeying the conflicting rules so made by the parents, 
and thereby disobeying the rules so made by the directors, 
the latter have the right either to suspend or expel such 
child from the school. 

(2) "It is true that parents have a paramount right to 
control their children, and to make such rules for their 
government as they may deem necessary; but if parents 
desire their children to enjoy the benefits of our public 
schools, the should not make such rules for the govern- 
ment of their children as will compel the children to dis- 
obey the necessary rules and regulations made by the 
directors of the school where such chfldren have the right, 
to attend. 

(3) "If a rule made by a board of directors is a reason- 
able one, and is calculated to improve the schools, and 
secure punctuality and promptness in the attendance 
of the pupils, then the directors are exercising their lawful 
powers in making such a rule, and they have the right to 
compel obedience to such rule, by all pupils attending the 
schools attending the schools in their district, and to sus- 



SCHOOL LAWS AND DECISIONS. 165 

pend or expel any pupil who may refuse to obey such rules, 
provided such suspension may, in their judgment, be neces- 
sary for the welfare of the schools under their control. 

(4) "If a board of directors, in the lawful exercise of 
powers conferred by law, expel a pupil from their school, 
a^nd the scholar so expelled refuses to leave the school 
room, and persists in defying and disregarding the just and 
legal authority of the board, such pupil may be ejected by 
force from the school, and it makes no difference whether 
this defiance and disregard of the authority of the board 
-arises from the pupil's own willfulness and stubbornness, 
or from orders or commands given to such pupil by his 
or her parents. 

(6) "Before the jury can find for the plaintiff, they must 
iind, bv a preponderance of evidence, that either the said 
plaintiff was not tardj'' in her attendance upon school, or 
that the said rule concerning tardiness was unnecessary; 

^r^^ u * * * * ^jj^ ii^g j^j,y g^^.g instructed, that the 
fact that the parents of said Drusie were either ignorant of 
the existence of such rule, or refuse to furnish her with a 
written statement or excuse required by such rule, can fur- 
nish no excuse to said Drusie for disobeying or disregard- 
ing it; for, if she knew of the rule, it was her duty to in- 
form her parents of it, and it was then the duty of the 
parents to enable the child to comply with the rule, by 
furnishing for her the excuse or statement required of 
them." 

The jury found for the school board. [Illinois Teacher, 
1868, p. 28.] 

In Churchill v. Fewkes, 13 111. App. (13 Brad.), 520, the 
<30urt approved a similar rule, and reversed a verdict for 
the pupil. 

A pupil, .upon returning to school after an absence, 
brought the following written excuse to her teacher: 

"Miss Garrett will please excuse Mary's absence for the 
past two weeks, as she was visiting the St. Louis fair with 
mv consent." 
''PittslieM, III, Oct. 19, 1874." "J. H. Ledlie." 

The principal refused to receive the excuse as sufficient, 
and suspended the pupil. 

Hon. C. L. Higbee, sitting as circuit judge, granted a writ 
of mandamus against the school board, directing them to 
admit the child to the school. The judgment was against 



166 SCHOOL LAWS AND DECISIONS. 

the right of the board to make and enforce such a rule, 
since absence was not a sufficient cause under the statute 
for suspension. 

The rule was as follows: 

"Every pupil who shall be absent six half days in four 
consecutive weeks, without an excuse from the ^Jarents or 
guardian satisfying the teacher that such absence was 
caused by his own sickness, or by sickness in the family, or 
to avoid a serious and imprudent exposure of health, shall 
forfeit his seat in the school. No pupil thus suspended 
shall be returned to school till the parents or guardian has 
given satisfactory assurance that the pupil will be punct- 
ual in the future, and obtained permission from the princi- 
pal to return. [Monthly Western Jurist, Aug., 1875, p. 
238.] 

2. Expulsion Continues how Long? A pupil having been 
expelled sometime during a term of school ending Jan. 12, 
1887, presented herself at the beginning of the next term, 
Jan. 18th, seeking admission, and being refused, Hon. 
Jesse J. Phillips, sitting as circuit judge at Yandalia, 
granted a writ of msLndamus against the school board re- 
quiring them to admit her, on the ground that such ex- 
pulsion could extend only to the close of the term ending 
January 12th. 

It would be going too far to infer from this case a gen- 
eral rule, to the effect that expulsion would always termi- 
nate at the end of the school term. But, since expulsion is 
an exceedingly harsh remedy, and since there should be an 
end of punishment, it is not to be expected that the courts 
will sustain as reasonable the making an order for expul- 
sion perpetual, regardless of whether the pupil has or has 
not so far reformed that he may be readmitted without 
harm to the school; and of whether he has or has not been 
punished sufficiently for his offence by being deprived of the 
privileges of the school for a time. 

3. Suspension and Expulsion a Last Resort. It is plain 
from these cases that, while school boards may compel 
obedience and punish by suspension any obstinate infrac- 
tion of reasonable rules which they have established, re- 
course should be had to suspension and expulsion from 
school for grave and aggravated offenses only. 



SCHOOL LAWS AND DECISIONS. 167 

4. Exclusion in Certain Cases. Directors may and 
should exclude from school, for the time being, pupils in- 
fected with offensive or contagious diseases. Not for any 
fault or wrong on their part, but simply because their 
presence under the circumstances is incompatible with the 
safety and comfort of others. Their personal rights in the 
common school are for the time in abeyance — they must 
be surrendered till they can again be exercised without in- 
fringing the equal rights of others. The right to enjoy the 
benefit of common schools, established for all the inhabi- 
tants, is a common, not an exclusive personal right, and 
hence, like all other common rights, it must be exercised 
under such limitations and restrictions, that it shall not 
interfere Avith the equal and coextensive rights of others. 
[Spear v. Cummings, 23 Pick., 224.] 

If the moral depravity of a child is so great that, though 
his deportment in school and on the school premises may 
be good, his example is dangerous to the purity of the 
school, the school board has power to exclude him. [Sber- 
man v. Charlestown, 8 Gushing, 160.] 

5. Who may suspend and expel. The power to suspend 
and expel rests primarily with the school board. The 
teacher should act in these matters by their direction, un- 
less, it may be, in a case requiring prompt action; and 
even then the tea.cher had better suspend temporarily and 
refer the case to the directors. [State v. Burton, 45 Wis.,. 
150.] 

6. Personal Liability therefor. Notwithstanding the pro- 
vision of the law, "no action shall lie against them for 
such expulsion or suspension," as we have seen in Rulison 
V. Post, cited above, both the school board and the teacher 
were held in damages for suspension under a rule declared 
to be unreasonable and unlawful. But in this case the 
court evidently regarded the action of the board and the 
teacher as willfully and maliciously wrong; for in McCormick 
V. Burt, [note (c), 12 of this section'], the court held that ^ 
there being no charge nor proof that the directors had 
acted wantonly or maliciously, they could not be held liable 
in damages even if they had erred in judgment. 



168 SCHOOL LAWS AND DECISIONS, 

(d) School Bay. Custom has made six hours a school 
day, and this should govern except as provided in the 
statute for children under twelve years, for whom the time 
in school may be cut down to four hours daily. Permitting 
the day to be shortened to four hours, impliedly prohibits 
shortening it to less than four hours. School boards have 
some discretion in regard to the time of opening and closing 
school, but are limited in the matter by the fitness of things 
and general custom. 

(e)l. Money for Libraries and Apparatus. There are two 
ways in which money may be had for school libraries and 
apparatus. The directors may make a special levy for 
such purposes, since they are named as objects for which 
taxes may be levied, in the first part of the section. But, 
also, any surplus of the general levy, after all neceessary 
school expenses have been paid, may be appropriated to 
the purchase of apparatus and books for the library. See 
202. 

2. Same, not to be purchased on Credit. A purchase of 
such articles on credit, when it does not appear that there 
is any such surplus, is void, and no contract is implied by 
law to pay for such articles arising from their receipt and 
use. The only remedy of the seller, in such a case, is to 
take his property. [Clark v. Directors, 78 111., 474; Fol- 
som V. Directors, 91 111., 402.] 

{f)l. Temporary Use of School House for Meetings, Di- 
rectors are authorized to "grant the temporary use of 
school houses, when not occupied by schools, for religious 
meetings and Sunday schools, for evening schools and for 
literary societies, and for such other meetings as the direct- 
ors may deem proper." Directors are clothed with full 
powers in the premises, and may exercise those powers at 
their discretion. 

2. Liability of Directors. In the exercise of the authority 
so explicitly conferred, they are liable only for manifest 
abuse of the trusts committed to them; in no other case 
can they be called to account for what they may see fit to 
do, or refuse to do, in the premises. Their decision and 
action are* final, unless judicially inquired into, for good 
€ause shown. The power conferred is, however, to be strictly 



SCHOOL LAWS AND DECISIONS. 169 

construed as to collateral matters. The buildings, grounds 
and appurtenances are to be safe from defacement and in- 
jury; the books and utensils of the pupils are not to be 
meddled with; the fuel and lights belonging to the district 
are not to be used by temporary occupants without ex- 
press leave and full compensation; the rooms used are to 
be left in as good and orderly a condition as when occu- 
pied; for all losses and injuries inflicted or caused by such 
occupancy, to the school buildings and other property of 
the district, or to the books and other property of the 
scholars, the directors will be individually and jointly liable; 
They should, therefore, grant the use of the school house 
for such purposes to such persons only as are financially 
responsible and will agree specifically, in advance, to hold 
themselves personally liable for any and all waste and 
damage to property and premises. 

3. Not to be granted when School House is occupied hy 
School. Such use can only be granted when the buildings 
are "not occupied by schools;" that is, on Saturdays and 
Sundays, on evenings, and when the schools are not in 
session. The schools cannot be dismissed in order to ac- 
commodate or make room for meetings of the kind speci- 
fied, or of any other kind. 

The use of the word "temporary" in the law should not 
be overlooked. Making arrangements for the long contin- 
ued occupancy of the school house by any society, private 
school or church is not contemplated by the la^w. [Sherlock 
V. Winnetka, 68 111., 530; Weir v. Day, 35 0., 143.] 

Permitting the school house -to be used for church pur- 
poses is not forbidden by section 3 of article 9 of the con- 
stitution prohibiting any appropriation in aid of any 
church. [Nichols v. School Directors, 93 111., 61.] 

{g) See 61 and note.) 

148. Warrants not to be drawn "virlien there are no 
funds— Teacher's warrant excepted. § 28. The school 
directors shall draw no order or warrant payable on de- 
mand, upon the township treasurer, or against any fund 
in his hands, unless at the time of drawing such order or 
warrant there are sufiicient funds in his hands to pay the 
amount of the same; Pro vided, this section shall not ap- 
ply to orders issued to teachers for their wages. 
—11 



170 SCHOOL LAWS AND DECISIONS. 

Order void. An order when there is no money in the treas- 
ury is void, except of course the teacher's order for wages. 
[_Cook County v. Lowft, 23 111., App. (Smith), 649.] 

149. Warrants against uncollected taxes. § 29. 
Whenever there is no money in the treasury of any school 
district to meet and defray the ordinary and necessary ex- 
penses thereof, it shall be lawful for the board of directors 
to provide that orders or warrants may be drawn and is- 
sued against and in anticipation of the collection of any 
taxes already levied by said directors for the payment of 
the ordinary and necessary expenses of any such district, 
to the extent of seventy-five per centum of the total 
amount of said tax levy; Provided, that warrants drawn 
and issued under the provisions of this section shall show 
upon their face that they are payable solely from said 
taxes when collected, and not otherwise, and such warrants 
shall be received by any collector of taxes in payment of 
the taxes against which they are issued, and which taxes 
against which said warrants or orders are drawn, shall be 
set apart and held for their payment.* 

150. Directors liability. § 30. The school directors 
shall be liable as directors for the balance due teachers^ 
and for all debts legally contracted. 

151. Vote of the people required— Site. §31. It 
shall not be lawful for a board of directors to purchase or 
locate a school house site, or to purchase, build or move a 
school house, or to levy a tax to extend schools beyond 
nine months without a vote of the people at an election 
called and conducted as required by section 4 of article 9 
of this act. A majority of the votes cast shall be neces- 
sary to authorize the directors to act; Provided, that if no 
one locahty shall receive a majority of all the votes cast 
at such election, the directors may, if in their judgment 
the public interest requires it, proceed to select a suitable 
school house site; and the site so chosen by them shall, in 
such case, be legal and valid, the same as if it had been 
determined by a majority of the votes cast; and the site 
so selected by either of the methods above provided shall 
be the school house site for such district; and said district 
shall have the right to take the same for the purpose of a 
school house site either with or without the owner's con- 
sent by condemnation or otherwise. 

1. Vote of People upon School Questions. For a discus- 
sion of the various questions relating to the forms of 
notices, of elections, manner of conducting them, rights of 

* Form No. 32. 



SCHOOL LAWS AND DECISIONS. . 171 

voters, duties of judges, form of ballots, etc., see 37, 40, 
41 and 42, and the notes thereon. 

2. Notices — Ballots. When one of these special questions 
is to be voted upon, the notice becomes of great import- 
ance. The directors only may call such an election. The 
question or questions submitted must be distinctly stated 
in the notice. See 128, note 5 and 6. 

3. Blank Ballots. Where an election is held to vote on 
several designated propositions, and some of the ^ballots 
are blank in respect to one or more of said propositions, 
it is held that said blank ballots should not be counted 
against said one or. more propositions. Thus, if the pro- 
positions before the meeting are: to levy a tax to extend 
schools, and to enlarge the school house, (both proposi- 
tions being voted on at the same time) — and if, fifteen 
voters being present, it is found that eight of the ballots 
are for the tax, and seven against— while but six ballots 
are for enlargement, and four againt, five of the ballots 
being silent or blank in respect to enlargement, both pro- 
positions are to be considered as carried, each having re- 
ceived a "majority of all the votes cast" as required by 
the law. 

4. Tie Vote. If a vote upon a special proposition re- 
sults in a tie, the proposition fails; it has not received a 
majority of the votes cast. 

5. Vote to build, and for School Site. A vote on the 
question of building a school house, may be had either 
before or after the site is chosen. The two questions are 
separate and independent of each other, and need not nec- 
essarily be both voted on at the same time. The people 
of a district may become satisfied that a new school house 
is required before they are prepared to decide upon the 
site, and they may at once vote on that question and levy 
a tax to build, leaving the choice of a site to be deter- 
mined afterwards. The site may be selected at any time 
before the building is commenced. It is not only legal, but 
quite customary for a district to commence by taxation, 
the accumulation of a building fund, before the site is 
chosen. 



172 SCHOOL LAWS AND DECISIONS. 

6. Ma,y build on Old Site. If an election is called to 
vote on the question of building a new school house, noth- 
ing being said in the notices about a change of site, and 
a majority of the votes cast is in favor of building, the 
directors may lawfully proceed to build upon the old site. 
In such cases the presumption is that no change of site is 
desired by the people. 

7. Questions may be voted on a Second Time. An elec- 
tion for a school officer is final. But it is held that no 
such limitation necessarily applies to voting upon school 
questions such as extending schools, borrowing money, 
choosing sites, etc. The only restriction is that ten days' 
notice must be given as required by section forty-two. 
Take the case of a school site, for instance: One may be 
choosen without due deliberation— or in ignorance of im- 
portant facts in regard to title, etc.; or when but a very 
few voters were or could be present; or it may afterwards 
be determined to divide or enlarge the district, rendering 
the site chosen inconvenient; or another and more eligible 
site, and at less cost, may subsequently be offered; — these 
and many other equally strong reasons may make it 
plainly for the interest of a district to take different action, 
and to call another meeting for that purpose; and it is 
held that it may legally be done, by the directors, upon 
proper notice as aforesaid. The inhabitants should have the 
largest liberty in such matters, compatible with the rights 
of others, and their rights in the premises are not restricted 
by either the letter or spirit of the law. If a former vote 
is to be thus in effect rescinded, action must be taken 
before expenses are incurred by, or rights accrue to, other 
parties under the original vote. And if another meeting is 
called, it must be by the directors, by whom all notices of 
district elections must be issued. The directors have dis- 
cretion in such cases — they can not be compelled to call 
another meeting. But they are clearly empowered to do 
so, and should not decline to issue the notices when it is 
the wish or request of a majority of the inhabitants of 
the district. If the different proposition submitted at the 
second election fails, the directors are bound to comply 
with the first vote. [Pennington v. Coe, 57 111., 118.] 



^ 



ii 



SCHOOL LAWS AND DECISIONS. 173 

8. Effect of a Vote to build sl School House, or to pur- 
chase a Site. The proposition in relation to building a 
house or purchasing a site may be stated in the notice and 
the ballot with some limitation as to cost; and, if so stated, 
the directors will be bound by the limitation. \_Carlton v. 
Newman, 77 Me., 408.] But if the notices merely state, in 
general terms, that the object of the election is to vote 
for or against authorizing the directors to build a new 
school house, or to purchase a new site, and a clear ma- 
jority is in favor of building or purchasing, it is held that 
the directors are thereby empowered to take the necessary 
steps to carry out, in their best discretion, the wishes of 
the inhabitants of the district, subject to the restrictions 
of the law in respect to the amount of tax that may be 
levied. 

The vote to build a house or to purchase a site does not 
give power to borrow money for such purposes. [215, 
note 2.] 

9. A Second Ballot cannot be taken at the Same Elec- 
tion. When, at any election in a school township or dis- 
trict, a ballot is regularly taken and the result announced 
said ballot is conclusive and final. Another ballot, at the 
same meeting, cannot be had, either to gratify disappointed 
and dissatisfied voters, or for any other reason. The 
moment the balloting is concluded, the powers of the 
voters, at that election, are exhausted. A second ballot 
if taken, would be illegal and void. 

10. Mandamus to compel Directors to act. When directors 
are instructed by a vote of the people, legally taken to 
levy a tax or borrow money to build a school house, or 
to do any other act or thing which the inhabitants of a 
district may lawfully require to be done by them, and said 
directors neglect or refuse to obey such instructions— and 
when directors fail or refuse to discharge the duties clearly 
imposed upon them, as directors, by law, and the people 
of the district have no other recourse or remedy — in all 
such cases, a writ of mandamus will lie to the board of 
directors, commanding and compelling them to discharge 
their duty. [Beverly v. Sabin, 20 111., 357: Cotton v. 
Heed, Ibid., 607.] 



174 SCHOOL LAWS AND DECISIONS. 

11. Choice of Site by Directors. If the proposition to 
select a site for a school house is submitted without re- 
striction, SO that each voter can vote for such site as he 
pleases, then if no site receives a majority of the votes, 
the directors may select a site. But if the proposition is 
submitted in such a way as to restrict the vote to one or 
more sites named, then in case no site receives a majority 
of the votes cast, the directors should not select a site 
themselves; they should call another election. 

152. Site taken by right of eminent domain. § 32. 
In case the compensation to be paid for the school house 
site mentioned in the precedino; section can not for any 
reason be ag:reed upon or determined between the school 
directors and the parties interested in the land taken for 
such site, then it shall be the duty of the directors of such 
district to proceed to have such compensation determined 
in the manner which may be at the time provided by law, 
for the exercise of the right of eminent domain ; Provided, 
that no tract of land lying outside of the limits of any in- 
corporated city or village, and lying within forty rods of 
the dwelling house of the owner of the land, shall be taken 
for a school site without the owner's consent. 

When Owners of Land will not sell it for a. School House. 
If a site selected for a school house cannot be bought of 
the owner, the land may be condemned; provided that, if 
it is outside the limits of ajij incorporated city or village 
and also within forty rods of the dwelling house of the 
owner, it cannot be taken. A site cannot be condemned 
before it has been legally chosen. [Gerke v. Purcell, 25 
Ohio St., 229.J 

Improved real estate can be seized, and lots already in 
use may be enlarged. [Thompson v. District, 1 Chester 
Co. K., 493.] 

The directors should always aim to get a clear title to 
the site, and the deed should be taken in the name of the 
township trustees of schools. [60, notes 2, 4, 5 and 6.] 

153. Bemoval. § 33. Any director willfully failing to 
perform his duties as director under this act may be re- 
moved by the county superintendent, and a new election 
ordered, as in other cases of vacancies. 

See 20, seventh and note (c.) 



SCHOOL LAWS AND DECISIONS. 175 

154. Funds to be paid on orders— Form of order. 

§ 34. All funds belong-ing to any school district, and com- 
ing from any source, shall be paid out only on order of 
the board of directors, signed by the president and clerk 
of said board, or by a majority of said board. In all such 
orders shall be stated the purpose for which or on what 
account such order was drawn. Said order may in the 
following form : 

The treasurer of township No range No , in 

county, will pay to or bearer dollars and 

cents, (on his contract for repairing school house or whatever the purpose may 

be.) By order of the board of directors or school district No in said 

township. 

A B , President. 

C D Clerk. 

See 238, 239 and 240, and notes. 

155. Transfers. § 35. Pupils shall not be transferred 
from one district to another without the written consent 
of a majority of the directors of each district, which writ- 
ten consent shall be delivered to and filed by the proper 
township treasurer, and shall be evidence of such con- 
sent.* A separate schedule shall be kept for each dis- 
trict and in each schedule shall be certified the proper 
amount due the teacher from that district, computed 
upon the basis of the total number of days' attend- 
ance of all schedules. If the district from which the pupils 
are transferred is in the same township as the district in 
which the school is taught, the directors of said district 
shall deliver the separate schedules to their township treas- 
urer, who shall credit the district in which the school was 
taught and charge the other district with the respective 
amounts certified in said separate schedules to be due. If 
pupils are transferred from a district of another township 
the schedule for that district shall be delivered to the 
directors thereof, who shall immediately draw an ordei: on 
their treasurer in favor of the treasurer of the township in 
which the school was taught for the amount certified to 
be due in said separate schedule. 

1, Transfers — Continuance of. The best course of pro- 
cedure with reference to permits is that the pupil desiring 
one, or his parent or guardian for him, first ask the board 
of directors of the district in which he lives to grant it. 
This is official business and should be considered only at 
s, meeting of the board, and a record should be kept of 
the action of the board upon the request; If granted, the 
time for which the permit is given should be stated in it. 

Form No. 34, 



176 SCHOOL LAWS AND DECISIONS. 

The rule laid down by the supreme court in the decision 
with regard to the term for which directors may employ 
teachers [Stevenson v. Directors, 87 111., 255], applies alsa 
with equal force to permits. Except in cases requiring it, the 
board of directors should make no contracts and grant no 
permits that will hamper the action of their successors in the 
office. No permits should be granted before the April election 
for a term to begin after the election; but in case they are 
given for a term beginning before the election and contin- 
uing after it, they may be drawn to continue in force for 
the whole term. 

The permit should then be presented to the board of 
directors of the district in which the pupil wishes to attend 
school; and, if approved by them, it may be so endorsed. 

The pupil should then take his permit to the teacher of 
the school who should enter upon the school register his 
name, the title of the district to which he belongs, the 
number of months of school for which the permit holds 
good, and the date of its expiration, and return the permit 
to his directors. 

2. Separate Schedules. The law requires teachers of 
schools containing transferred pupils to make out separate 
schedules for them. It will be found best to make out 
these schedules at the same time that the regular schedules 
for the district are made out. In fact, a strict construc- 
tion of 196 of the school law would prevent a teacher 
from claiming his pay for any month until such schedules 
have been made out and delivered to the directors of his 
district. If the pupils are transferred from a district in 
the same township, the directors have only to certify the 
separate schedule and deliver it to the township treasurer, 
whose duty it becomes upon receiving the schedule, and 
not before, to charge to one district, and to credit to the 
other, the amount which the schedule shows to be due. 
But if the pupils come from another township, then the 
directors must take the schedule to the other board of 
directors, who should, upon finding it correct, approve it, 
and then, and not before, draw an order upon their treas- 
urer in favor of the treasurer of the other district. 



SCHOOL LAWS AND DECISIONS. 



177 



3. When Transfers should be made. Such transfers 
should be made whenever the interests of particular pupils 
can be served thereby without serious loss to either district 
concerned; and when asked for good and sufficient reasons- 
they should not be refused on narrow and illiberal grounds. 

4. Duty of Teacher. The teacher should ascertain the 
residence of pupils and refer to the directors all pupils from 
outside the district not already admitted by the board, in 
order that the board may settle all questions regarding- 
their admission; for these must be determined by the board 
not by the teacher. 

166. Transfer dues collected. § 36. When a school 
is coniposed in part of pupils transferred, as provided for 
in the preceding section, from other townships, the duty of 
collecting the amount due on account of such pupils shall 
devolve upon the directors of the district in which the 
school was taught. 

Moneys received on Transfer. Moneys so collected by the 
directors must be paid at once to their treasurer; for he is 
by law the only lawful depositary and custodian of all dis- 
trict school funds. 



AETICLE 6. 



BOAED OF EDUCATION. 



§ 1. 

§ 2. 



§ 3. 
§ 4. 



§ 6. 

§ 7. 

§ 8. 

§ 9. 

§ 10. 

§n. 

§ 12. 
§ 13. 
§ 14. 
§15. 



Cities and villages. 

Boards of education in all dis- 
tricts not less than 1,000 inhabi- 
tants; number of members. 

President of the board. 

Duties and powers of the presi- 
dent. 

Annual election of members ; term 
of office. 

Notice of election; form of notice. 

Election on any Saturday. 

Conduct of election. 

Election of members of board of 
education to succeed directors. 

Powers and duties of the board 
defined. 

Yeas and nays. 

Business to be done at a regular 
or special meeting. 

Conveyances of real estate; how 
made. 

School moneys in charge of town- 
ship treasurer. 

Special acts maybe relinquished; 
manner of change and form of 
notice. 



§ 16. Redistricting under this act; elec- 
tion of school boards. 

§ 17. Cities exceeding 100,000 inhabi- 
tants. 

§ 18. Eligibility to membership ia 
boards of education in such 
cities. 

§ 19. Organization; employes of the 
board, term etc. 

§ 20. Eecords; yeas and nays. 

§ 21. Powers, with concurrence of city- 
council, defined. 

§ 22. other powers defined. 

§ 23. Duties defined. 

§ 24. Business to be done at a regular 
meeting. 

§ 25. Conveyances of real estate made 
to city in trust. 

§ 26. School moneys held by city 
treasurer. 

§ 27. City not liable for excess of ex- 
penditures; board not author- 
ized to tax. 

§ 28. Powers ot the board not to be 
exercised by city council. 



178 SCHOOL LAWS AND DECISIONS, 

157. Incorporated cities and villages not under 
special laivs. Section 1. Incorpora.ted cities and villages, 
except such as now have charge and control of free schools , 
by special acts, shall be and remain parts of the school 
townships in which they are respectively sitna.ted and be 
subject to the general provisions of the school law, except 
as otherwise provided in this article. 

158. Boards of education elected. §2. In all school 
districts having a population of not less than one thousand 
and not over one hundred thousand inhabitants, and not 
governed by any special act in relation to free schools 
now in forcethere shall be elected, instead of the directors 
provided by law in other districts, a board of education, 
to consist of a president of the board of education, six 
members and three additional members for every addi- 
tional ten thousand inhabitants. Whenever additional 
members of such board of education are to be elected 
by reason of increased population of such district, such 
members shall be elected on the third Saturday of 
April succeeding the ascertaining of such increase by any 
special or general census, and the notice of such election 
shall designate the term for which the members are to be 
elected, so that one-third of the board shall be elected for 
each year: Provided, that in no case shall said board con- 
sist of more than fifteen members. 

1. Incorporated Cities and Villages under the General 
School Law. The change from directors to a board of 
education is, in one sense, a mere change in local autonomy; 
none of the powers previously exercised are lost, none of 
the restrictions previously imposed are abated by the 
change, and no new powers are acquired except such as are 
specifically conferred by this section. 

2, Special or General Census. A general census is one 
taken all over the state by state or national authority. 
The statute does not enjoin upon any one the taking of a 
special census in order to ascertain whether a district has 
the prescribed jjopulation; it is left optional with the local 
authorities to take such special census or not. It is held 
that such census may be taken either by the board of 
directors of the district, or by order of the board of trust- 
ees of the township in which such district is situated. 

If the census is taken by the directors, their resolution 
or order requiring it to be done, should be duly spread 
upon their records; and when the enumeration is completed, 



SCHOOL LAWS AND DECISIONS. 179 

the result showing' the number of inhabitants found to be 
in the district, should also be entered of record by the clerk 
of the board. If the number is found to equal or exceed 
one thousand, then, at some stated or special meeting an 
order should be made and recorded that a board of edu- 
cation be elected at the next ensuing election of directors. 
If the special census is taken by order of the trustees, the 
result, duly certified and sworn to by the person or per- 
sons employed to do the work, should be filed by the 
trustees with the board of directors, whose duty it will 
then be to take the necessary steps for the election of a 
board of education in and for said district, as aforesaid. 
If after the filing of such certified statement the directors 
refuse or neglect to order the election of a board of educa- 
tion, as required by law, it will become the duty of the 
township treasurer to order such election, as provided by 
the forty-second section of this act in respect to other 
cases of default on the part of directors. And the election 
held in pursuance of such order by the treasurer will be 
legal and valid, the same as if held by order of the direct- 
ors, and the board of education so elected will be duly 
authorized, and it will be their duty, to proceed to organize 
and take charge of the schools of the district, as enjoined 
by law. I am authorized to say that the attorney general ' 
concurs in the foregoing opinion. 

159. President elected. § 3. The president of said 
board of education shall be elected annually, at the same 
time the members of the board of education are elected, 
and he shall hold his office for the term of one year, and 
until his successor is elected and qualified. 

160. His duties. § 4. The president of the board of 
education so elected shall preside at all meetings of said 
board, and shall give the casting vote in case of a tie be- 
tween the members thereof; but otherwise he shall not have 
a vote. He shall sign all orders for the payment of money 
ordered by said board, and generally perform such duties 
as are imposed by law upon presidents of boards of direc- 
tors, or that may be imposed upon him by said board of 
education, not in confiict with law: Provided, that in the 
absence or inability to act as said president, said board, 
may appoint a president pro tempore from their number. 



180 SCHOOL LAWS AND DECISIONS. 

Duties Imposed upon President — Quorum. The duties im- 
posed by law upon the president elected under this act, are 
(1) to preside at the meetings of the board; (2) to vote in 
case of a tie, and (3) to sign orders. He does not count 
to make a quorum; nor does he perform any other duties, 
unless so directed by the board. 

161. Annual election. § 5. The annual election of 
members of the board of education shall be on the third 
Saturday in April, when one-third of the members shall be 
elected for three years, and until their successors are elected 
and qualified. 

Vacancy in the Board. Since there is no special provision 
in the statute for filling vacancies in a board of education^ 
the same rule must be followed with regard to them as 
with regard to vacancies in a board of directors. [129^ 
note.'] 

162. Notice. §6. Notice of such election shall be given 
by the board of education at least ten days previous to 
such election by posting notices in at least three of the 
most public places in said district, which shall specify the 
place where such election is to be held, the time of opening 
and closing the polls and the purpose for which such elec- 
tion is held, which notice may be in the following form^ 
to-wit: 

Public notice is hereby given, that on Saturday, the .... day of April, A. D. 

an election will be held at between the hours of and 

of said day, for the purpose of electing a president of the board of education of 

district No , township No , range No and members of the 

board of education of said district. 

Dated this.. ....day of A. D 

A B President. 

G D , Clerk. 

163. Failure of notice. § 7. In case of a failure to 
give the notice above provided for, such election may be 
held on any Saturday after such notice has been given as- 
aforesaid. 

164. Conduct of election. § 8. Such election shall be 
conducted in the same manner and be governed by the 
provisions of this act relating to the election of boards of 
directors, except as otherwise provided by law. 

165. First election of board of education. §9. At 
the first election of directors succeeding the passage of this 
act, in any district having a population of not less than 
one thousand (1,000) inhabitants by the census of 1880, 
and in such other districts as may hereafter be ascertained 
by any special or general census to have a population of 
not less than one thousand (1,000) inhabitants, at the 



SCHOOL LAWS AND DECISIONS. 181 

first election of directors occurring after taking such special 
or general census, there shall be elected a board of educa- 
tion, who shall be the successors of the directors of the 
district; and all rights of property and all rights or causes 
of action existing or vested in such directors, shall vest in 
said board of education, in as full and complete a manner 
as was vested in the school directors. Such board, at its 
first meeting, shall fix, by lot, the terms of office of its 
members, so that one-third of them shall serve for one 
year, one-third for two years, and one-third for three years, 
and thereafter one-third shall be elected annually on the 
third Saturday in April, to fill the vacancies occurring, and 
to serve for the term of three years. 

166. Official powers. § 10. The board of education 
shall have all the powers of school directors, and, in addi- 
tion thereto and inclusive thereof, they shall have the 
power and it shall be their duty — (a) 

First — To establish and support free schools not less than 
six nor more than ten months in each year, {b) 

Second— To repair and improve school houses, and fur- 
nish them with the necessary fixtures, furniture, apparatus, 
libraries and fuel. 

Third— To examine and employ teachers, and fix the 
amount of their salaries, (c) 

Fourth— To establish schools of different grades, and 
make regulations for the admission of pupils into the same. 

Fifth — To buy or lease sites for school houses, with the 
necessary grounds; Provided, it shall not be lawful for such 
board of education to purchase or locate a school house 
site, or to purchase, build or move a school house, unless 
authorized by a majority of all voters voting at an elec- 
tion called for such purpose in pursuance of a petition 
signed by not less than five hundred (500) legal voters of 
such district, or by one-fifth of all the legal voters of such 
district, (d) 

Sixth — To levy a tax, annually, upon the taxable prop- 
erty of the district, in the manner provided in article 8 of 
this act, for the purpose of supporting and maintaining 
iree schools in accordance with the powers herein conferred; 
Provided, that it shall not be lawful for such board of 
education to levy a tax to extend schools beyond a period 
of ten months in each year, except upon petition of a ma- 
jority of the voters of the district. And provided further, 
that all taxes shall be levied under the limitations relating 
to the percentage of the assessment, as provided by section 
1 article 8 of this act. 

Seventh— To employ, should they deem it expedient, a 
competent and discreet person or persons as superintend- 



182 SCHOOL LAWS AND DECISIONS. 

ent or superintendents of schools, and fix and pay a pro- 
per salary or salaries therefor; and such superintendent 
may be required to act as principal or teacher in such 
schools. 

Eighth — To lay off and divide the district into sub-dis- 
tricts, and from time to time, alter the same, create new 
ones and consolidate them. 

Ninth—To visit all the public schools as often as once a 
month to inquire into the progress of scholars and the 
government of the schools. 

Tenth — To prescribe the method and course of discipline 
and instruction in the respective schools, and to see that 
they are maintained and pursued in the proper manner. 

Eleventh — To expel any pupil who may be guilty of gross 
disobedience or misconduct. No action shall lie against 
them for such expulsion. 

Twelfth — To dismiss and remove any teacher, whenever^ 
in their opinion, he or she is not qualified to teach, or 
whenever, from any cause, the interests of the schools may,^ 
in their opinion, require such removal or dismissal, (e) 

Thirteenth— To apportion the scholars to the several 
schools. 

Fourteenth— To estabhsh and promulgate all such by- 
laws, rules and regulations for the government and the es- 
tablishment and maintenance of a proper and uniform sys- 
tem of discipline in the several schools, as may, in their 
opinion, be necessary. 

Fifteenth — To take charge of the school houses, furni- 
ture, grounds and other property belonging to the district, 
and see that the same are kept in good condition, and not 
suffered to be unnecessarily injured or deteriorated. 

Sixteenth — To provide fuel and such other necessaries for 
the schools as, in their opinion, may be required in the 
school houses, or other property belonging to or under the 
control of the district. 

Seventeenth — To appoint a secretary and provide well 
bound books at the expense of the school tax fund, in 
which shall be kept a faithful record of all their proceed- 
ings, (f) 

Eighteenth — To annually prepare and publish in some 
newspaper, or in pamphlet form, a report of the number of 
pupils instructed in the year preceding, the several branches- 
of study pursued by them, of the number of persons be- 
tween the ages of twelve and twenty-one unable to read 
and write, and the receipts and expenditures of each school, 
specifying the source of such receipts and the objects of 
such expenditures, {g) 



SCHOOL LAWS AND DECISIONS. 183 

(a) Powers and Duties of School Boards. As stated in 
168, note 1, the change from a board of directors to a 
board of education does not involve to any great extent 
a change of the powers and actions of the governing board. 
No attempt is made in this section to give an exhaustive 
enumeration of these powers and duties. In commenting 
upon them, for the most part, subjects already discussed 
will not be considered again; and so for many matters of 
common interest to boards of education and boards of di- 
rectors, the reader is referred to the sections of Art. 5, and 
the notes thereon. 

(b) Term of School. The minimum term of a legal 
school in a district of not less than one thousand inhabi- 
tants is six months. [146, fifth and 202.] 

(c) Examination of Teachers. Boards of education are 
held to possess substantially^ the same rights and powers, 
and to be charged with about the same duties, in respect 
to the employment of teachers, as ordinary boards of 
school directors. They cannot employ, or pay from any 
school fund, a teacher who does not hold the certificate of 
the state or county superintendent, but they are not re- 
quired to accept such certificate as final and conclusive; 
they are not debarred the privilege (possessed by all boards 
of directors) of inquiring further into the character and 
abilities of the teacher, and accepting or rejecting him ac- 
cording to the result of such ffirther inquiry. Indeed it is 
made the duty of the board to institute such additional 
and independent examination into the fitness and worthi- 
ness of the persons whom they propose to employ as teachers, 
and to govern themselves accordingly. But a certificate 
from the state or county superintendent of schools, is 
nevertheless to be understood as a condition precedent to 
the legal employment or payment of a teacher. 

(d) 1. Vote needed to authorize the Board to act upon 
[Certain Other Propositions. But the board of education 
can borrow money or refund outstanding loans, only by 
submitting these propositions to a vote just as a board 
of directors must. The board in building a house must 
follow the laAv exactly. [Board of Education y. Eocher, 
|23 111. App. (Smith), 629.] 



184 SCHOOL LAWS AND DECISIONS. 

2. Other Branches. As to introducing "other branches, 
including music and drawing," the board of education has 
the same power as the board of directors; the board may 
act of its own motion, or the proposition may be sub- 
mitted to a vote. [190, note.] 

(e) Removal of Teachers. The board of education seems 
to be given larger powers than school directors in regard 
to dismissing teachers; but the courts have not passed 
upon the meaning of the language used in the statute in 
this connection. [Dunavon v. Board of Education, 47 
Hun, 13.] 

(/) Secretary of the Board. The secretary of the board 
of education may be a member of the board, or he may 
be some other person. The secretary may be paid for 
clerical services, as the clerk of the board of directors may. 
[147, second.'] 

(g) Report published. School directors make their re- 
port to the voters at the annual election, and they also 
post at that time, upon the door of the building where 
the election is held, the two preceding semi-annual state- 
ments received from the township treasurer. [146, iirst; 
114, note 1.] This published report is in place of what is 
required of the directors. ^ 

167. Yeas and nays. §11. In all questions involving 
the e^^penditure of money, the yeas and nays shall be 
taken and entered on the records of the proceedings of the 
board. 

168. Meeting's. § 12. None of the powers herein con- 
ferred upon boa.rds of education shall be exercised by them, 
except at a regular or special meeting of the board. 

169. Conveyances. § 13. All conveyances of real 
estate shall be made to the township trustees in trust for 
the use of schools, and no conveyance of any real estate 
or interest therein used for school purposes, or held in 
trust for schools, shall be made, except by the board of 
trustees, upon the written request of such board of edu- 
cation. 

Sale of Real Estate. Real estate held by the trustees of 
schools for a district under a board of education may be 
disposed of by the trustees, on the written request of the 
board. No petition by the voters is needed, as in the case 
•of a district under a board of directors. [61, note.] 



SCHOOL LAWS AND DECISIONS. 185 

170. Funds held by township treasurer. § 14. All 
money raised by taxation for school purposes, or received 
from the state common school fund, or from, or from any 
other source, for school purposes, shall be held by the 
township treasurer as a special fund for school purposes, 
subject to the order of the board of education, upon war- 
rants signed, by the president and secretary thereof. 

171. Special law surrendered. §15. Any city, incor- 
porated town, township or district in which free schools 
are now managed under an}' special act, may, by vote of 
its electors, cease to control such schools under such special 
act, and become a part of the school township in which 
it is situated, and subject to the control of the trustees 
thereof, under and according to the provisions of this act. 

Upon petition of fifty voters of such city, town, town- 
ship or district, presented to the board having the control 
and management of schools in such city, town, township 
or district, it shall be the duty of such board, at the next 
ensuing election to be held in such city, town or township 
or district, to cause to be submitted to the voters thereof 
giving not less than fifteen days' notice thereof, by post- 
ing not less than five notices in the most public places 
in such city, town, township or district, the question of 
^'Organization under the Free School Law;" which notice 
may be in the following form, to-wit: 

Public notice is hereby given that on the day of A. D , 

an election will be held at between the hours of M. and 

M. of said day, lor the purpose of deciding the question of "Organization under 
the Free School Law." 

Surrender of a special School Law. A special school law 
may be repealed by the legislature; and the effect of such 
a repeal would be to restore the status quo of the time 
when the special law was enacted. But if the special law 
is given up in the way provided in this section, the effect 
is to open up the whole township (or townships if the spe- 
cial district be in more than one township) to be redis- 
tricted, the trustees having the same power as in a newly 
organized township under 75. 

Another effect is to vest the title to the property of the 
original district in the trustees of schools of the township 
and to transfer its funds to the township treasurer, if they 
have been held in some other name or by other hands. 

When the trustees have in this way reorganized the town- 
ship, or any part of it — for they need not, unless they deem 
it better so to do, disturb the other districts — ^they must 
—12 



186 SCHOOL LAWS AND DECISIONS. 

call an election in the new district or districts, etc., etc.^ 
as provided in 88. 

172. Redistricting— Division of funds— Election. § 

16. If it shall appear, on a canvass of the returns of such 
election, that a majority of the votes cast at such election 
are "For Organization under the Free School Law," then at 
the next ensuing regular meeting of the board of trustees 
of the township or townships in which such city, incorpo- 
rated town, township or district is situated, said trustees 
shall proceed to re-district the township or townships as 
aforesaid, in such manner as shall suit the wishes and con- 
venience of a majority of the inhabitants in their respective 
townships, and to make a division of funds and other 
property in the manner provided for by section 63 of article 
3 of this act, and on any Saturday thereafter there shall 
be elected, in each of the new districts so formed, a director,, 
directors, or board of education, as the case may be, in 
the manner provided for in section 6 of article 5 of this 
act; and thereafter such district shall proceed as other dis- 
tricts under this act, but all subsequent elections of direct- 
ors or boards of education shall be conducted as provided 
in sections 5 and 8 of article 5 of this act. 

173. In cities of more than 100,000 inhabitants. 
§ 17. In cities having a population exceeding one hundred 
thousand inhabitants, from and after this act shall take 
effect, the board of education shall consist of fifteen mem- 
bers, to be appointed by the mayor, by and with the ad- 
vice and consent of the common council, five of whom shall 
be appointed for the term of one year, five for the term of 
two years, and five for the term of three years; Provided^ 
however, that in such cities wherein there is now a board 
of education, holding their office hj appointment, such 
officers shall continue in office until the time at which their 
terms would have expired under the law in force at the 
time of their appointment. At the expiration of the term 
of any members of said board, their successors shall be 
appointed in like manner, and shall hold their office for 
the term of three years. Any vacancy which may occur 
shall be filled by the appointment of the mayor, with the 
approval of the common council, for the unexpired term. 

Cities with over One Hundred Thousand Inhabitants. 
This section applies to the city of Chicago alone, and is,, 
therefore, passed without comment. 

174. Eligibility. § 18. Any person having resided in 
any such city more than five years next preceding his ap- 
pointment, shall be eligible to membership of such board 
of education. 



SCHOOL LAWS AND DECISIONS. 187 

175. President— Secretary. § 19. The said board of 
education shall appoint a president and secretary, the 
president to be appointed from their own number, and 
shall appoint such other officers and employes as such 
board shall deem necessary, a,nd shall prescribe their duties 
and compensation and terms of office. 

176. Records. § 20. The said board shall provide 
well bound books, at the expense of the school tax fund, 
in which shall be kept a faithful record of all their pro- 
ceedings. The yeas and nays shall be taken and entered 
on the records of the proceedings of the board upon all 
questions involving the expenditure of money. 

177. Po"wers exercised "with concurrence of com- 
mon council. § 21. The said board of education shall 
have control of the puplic schools in such cities, and shall 
have power, with the concurrence of the city, council — 

First — To erect or purchase buildings suitable for school 
houses, and keep the same in repair. 

Second— To buy or lease sites for school houses, with the 
necessary grounds. 

Third— To issue bonds for the purpose of building, fur- 
nishing and repairing school houses, for purchasing sites 
for the same and to provide for the payment of said bonds; 
to borrow money for school purposes upon the credit of 
the city. 

178.' Powers. §22. The said board of education shall 
have power — 

First — To furnish schools with the necessary fixtures, fur- 
niture and apparatus. 

Second— To maintain, support and establish schools, and 
supply the inadequacy of the school funds for the salaries 
of school teachers from school taxes. 

Third— To hire buildings or rooms for the use of the 
board. 

Fourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their 
compensation. 

Sixth — To prescribe the school books to be used, and 
the studies in the different schools. 

Seventh— To lay off and divide the city into school dis- 
tricts, and from time to time to alter the same and create 
new ones, as circumstances may require, and generally to 
have and possess all the' rights, powers and authority re- 
quired for the proper management of schools, with power 
to enact such ordinances as may be deemed necessary and 
expedient for such purpose. 

Eighth — To expel any pupil who may be guilty of gross 
disobedience or misconduct. 



188 SCHOOL LAWS AND DECISIONS. 

Ninth — To dismiss and remove any teacher whenever, in 
their opinion, he or she is not qualified to teach, or when- 
ever, from any cause, the interests of the school may, in 
their opinion, require such removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school property, and to loan moneys 
belonging to the school fund. 

179. Duties. §23. It shall be the duty of such board 
of education — 

First — To take the entire superintendence and control of 
the schools in such cities. 

Second— To examine all persons offering themselves as 
candidates for teachers, and, when found well qualified, to 
give them certificates gratuitously. 

Third— To visit all the public schools as often as once a 
month. 

Fourth — To establish all such by-laws, rules and regula- 
tions for the government and for the establishment and, 
maintenance of a proper and uniform system of discipline 
in the several schools as may, in their opinion, be necessary. 

Fift'h — To determine from time to time, how many and' 
what class of teachers may be employed in each of the 
public schools, and employ such teachers and fix their com- 
pensation. 

Sixth— To take charge of the school houses, furniture, 
grounds and other property belonging to the school dis- 
tricts, and see that the same are kept in good condition, 
and not suffered to be unnecessarily injured or deteriorated. 

Seventh — To provide fuel and such other necessaries for 
the schools as, in their opinion, may be required in the 
school houses or other property belonging to the said dis- 
tricts. 

Eighth — To inquire into the progress of scholars and the 
government of the schools. 

Ninth — To prescribe the method and course of discipline 
and instruction in the respective schools, and to see that 
they are maintained and pursued in the proper manner. 

Tenth — To prescribe what studies shall be taught, and 
what books and apparatus shall be used. 

Eleventh — To report to the city council, from time to time, 
any suggestions they may deem expedient or requisite in 
relation to the schools and the school fund, or the man- 
agement thereof, and generally to recommend the estab- 
lishment of new schools and districts. 

Twelfth — To prepare and publish an annual report, which 
shall include the receipts and expenditures of each school, 
specifying the source of such receipts and the object of such 
expenditures. 



i 



SCHOOL LAWS AND DECISIONS. 189 

Thirteenth — To communicate to the city council, from 
time to time, such information within their possession as 
may be required. 

180. Powers to be used at meetings only. § 24. 
None of the powers herein conferred upon the board of 
education of such cities shall be exercised by them except 
at a regular meeting of such board. 

181. Conveyances. § 25. All conveyances of real 
estate shall be made to the city in trust, for the use of 
schools, and no sale of real estate or interest therein, used 
for school purposes, or held in trust for schools, shall be 
made except by the city council, upon the written request 
of such board of education. 

182. Funds held by city treasurer— How paid out. 
§ 26. All moneys raised by taxation for school purposes, 
or received from the state common school fund, or from 
any other source for school purposes, shall be held by the 
city treasurer as a special fund for school purposes, sub- 
ject to the order of the board of education, upon warrants 
to be countersigned by the mayor and city clerk. 

183. Expenditures limited— Power to levy tax not 
granted. § 27. Said board of education shall not add to 
the expenditures for school purposes anything over and 
above the amount that shall be received from the state 
common school fund, the rental of school lands or property, 
and the amount annually appropriated for such purposes. 
If said board shall so add to such expenditure the city 
shall not, in any case, be liable therefor. And nothing 
herein contained shall be construed so as to authorize any 
such board of education to levy or collect any tax upon 
the demand, or under the direction of such board of 
education. 

184. City not to exercise powers of school board. 
§ 28. All schools in such cities shall be governed as here- 
inbefore stated, and no power given to the board of edu- 
cation shall be exercised by the city council of such city. 



190 



SCHOOL LAWS AND DECISIONS. 



AETICLE 7. 



TEACHERS. 



§ 1. 
§ 2. 
§ 3. 



Age and aualiflcations ; graduates 
of county normal schools. 

State certificates; graduates of 
the normal universities. 

First and second grade certifi- 
cates; subjects for examina- 
tion; renewal and revocation; 
form of certificate. 

Kaeord by county superintendent. 

Must have a certificate. 

Subjects to be taught. 

Examinations by county super- 
intendent. 

Fee to be charged. 

Moneys thus received paid to 
coujity treasurer. 



§ 10. 
§11. 



§12. 



§ 16. 



Annual institute. 

No deduction of wages when at- 
tending institutes held on 
school days. 

Responsible for the property of 
the district 

Must keep registers; form of 



Schedules, or statements of at- 
tendance to be made; form of 
schedule. 

Schedule to be delivered to direct- 
ors; certificate of directors. 

Teachers' wages payable monthly ; 
unpaid orders to draw interest. 

School month; holidays. 



185. Qualiiications of teachers— Age— Diploma of 
county normal school. Section 1. No teacher shall be 
authorized to teach a common school under the provisions 
of this act who is not of good moral character, at least 
eighteen years of age, if a male, or seventeen years of age, 
if a female, and who does not possess a certificate of quali- 
fications as hereinafter provided for: Provided, that in any 
county in which a, county normal school is established, 
under the control of a county board of education, the 
diplomas of graduates in said normal school shall, when 
directed by said board, be taken by the county superin- 
tendent as sufficient evidence of qualification to entitle the 
holder to a first grade certificate, but such diplomas shall 
not be sufficient after two years from such graduation. 

186. State certificates. § 2. The state superintendent 
of public instruction is hereby authorized to grant state 
certificates to such teachers as may be found worthy to 
receive them; such certificates shall be of two grades, and 
both shall be valid in every county and school district in 
the state. The higher grade shall be valid during the life- 
time of the holder, and the lower grade shall be valid for 
five years. But state certificates shall onlj be granted 
upon public examination, of which due notice shall be 
given, in such branches and upon such terms and by such 
examiners as the state superintendent and the principals of 
the state universities may prescribe. Said certificates may 
be revoked by the state superintendent upon proof of im- 
moral or unprofessional conduct: Provided, the lower 
grade of certificate shall be issued to graduates of the state 
normal schools without examination at any time within 
two years of said graduation: Provided, further, that no 



SCHOOL LAWS AND DECISIONS. 191 

such certificate shall be granted except upon the recom- 
mendation of the faculty and the controlling board in each 
case. 

State Certificates. It is the custom of the state superin- 
tendent of public instruction to issue a circular from time 
to time relative to the examination for state certificates. 
The circular and any other information concerning this 
grade of certificates can be obtained upon application to 
him. 

1 87. Examinations— Certificates— Bene wal and Rev- 
ocation. § 3. It shall be the duty of the county super- 
intendent to grant certificates to such persons as may, 
upon due examination, be found qualified. Said certificates 
shall be of two grades; those of the first grade shall be 
valid in the county for two years, and shall certify that 
the person to whom such certificate is given is of good 
moral character, and is qualified to teach orthography, 
reading in English, penmanship, arithmetic, English gram- 
mar, modern geography, the elements of the natural sciences, 
the history of the United States, physiology and the laws 
of health. Certificates of the second grade shall be vahd 
for one year, and shall certify that the person to whom 
such certificate is given is of good moral character, and is 
qualified to teach orthography, reading in English, pen- 
manship, arithmetic, English grammar, modern geography 
and the history of the United States. The county super- 
intendent may in his option, renew said certificate at their 
expiration, by his endorsement thereon, and may revoke 
the same at any time for immorality, incompetency, or 
other just cause*. Said certificates may be in the following 
iorm, viz: 

Illinois, A.D 

The undersigned, having examined in orthography, reading in 

Ilnglish, penmanship, arithmetic. English grammar, modern geography, ihe his- 
tory of the United States and methods of Teaching, and being satisfied that 

is of good moral character, hereby certifies that aualifloations in the above 

iDranches are such as to entitle to this certificate, being of the grade, and 

valid in said county for year from the date hereof, renewable at the option 

of the county .'- uperintendent, by his endorsement thereon. 

Given under my hand and seal at the date aforesaid. 

A. B., County Superintendent of Schools. 

1. Who may be examined— Moral Character^Age. If a 
county superintendent is satisfied that an applicant for a 
certificate is not a person of such moral character as the 
teacher should possess, and that he can not on that ac- 
count license him to teach, he need not examine him as to 
his other qualifications. Teachers in this state can be 

*Forms Nos. 38, 39, 40. 



192 SCHOOL LAWS AND DECISIONS. 

questioned and inquired about, in respect to their moral 
character, in the ordinary acceptation of that phrase, but 
no inquisition whatever can be made into their particular 
religious opinions and beliefs; or if so questioned, they may 
refuse to answer. And if the county superintendent should 
find the applicant to be of unblemished morals, and of 
suitable scholastic attainments, a license could not be re- 
fused on the ground of his holding or discarding any pecu- 
liar religious views, or for refusing to answer any questions 
in relation thereto; for no person shall be required to 
attend or support any ministry or place of worship against 
his consent, nor shall any preference be given by law tO' 
any rehgious denomination or mode of worship, [Const, 
of III, Art. 2, § 3.] 

AVhile the law fixes a minimum age at which persons may 
•be granted certificates, certainly, immature boys and girls 
may not be put in charge of schools. County superintend- 
ents will not act unwisely if they follow quite closely the 
suggestion of the law, which calls minors infants and child- 
ren, and keeps them subject to many disabilities and to 
the control of parents and guardians. Surely, maturity 
and strength of character are needed to manage a school 
successfully and to determine wisely the important ques- 
tions which demand an answer of the teacher almost daily. 

2. Discretion of the County Superintendent. The law 
does not prescribe much with regard to the examination. 
It [uses the term "due examination" and says that the 
superintendent must certify that those whom he licenses 
after such an examination are "qualified to teach" certain 
branches of study. The manner, form, and extent of the 
examination are left to the discretion of the superintendent. 
The law does not require that he shall demand the same 
written examination of all applicants. He may determine 
whether or not it is necessary to examine in the same way 
the teacher of known and tried intelligence and ability, the 
beginner, and the teacher of whose previous work he knows 
nothing. 

The extent and the limitation of his discretion in grant- 
ing or refusing a certificate have been stated by the supreme 
court of Indiana recently as follows: 



SCHOOL LAWS AND DECISIONS. 193 

"The oflEice of county superintendent belongs to the exe- 
cutive department of the state, and the statute does not 
confer upon the incumbent either judicial or quasi judicial 
power in the matter of licensing persons to teach in the 
common schools. 

"The statute confers upon the county superintendent a 
discretion on the subject of licensing teachers, which is so 
far analagous to judicial discretion that he is protected 
from any claim for damages on account of any mere mis- 
take in his decision, or error in judgment, either in grant- 
ing or withholding a license. 

"A county superintendent is liable in damages for ma- 
liciously withholding a license to teach from an applicant 
lawfully entitled to receive the same, and he will be held to 
have acted maliciously where he acts either from willful 
and wicked or from corrupt motives." {^Elmore v. Over- 
ton, 104 Ind., 548.] 

3. Suggestions as to the Examination. Perhaps the 
most difficult and responsible duty devolved by law upon 
county superintendents, is that of determining who shall 
be the teachers of our common schools. Certificates are to 
be granted to those only who, upon due examination, are 
found to possess the qualifications required by the act. 

Every certificate issued to one who is unworthy, either 
mentally or morally, to receive it, is not only a violation 
of law, but is a direct blow at the heart of our common 
schools. Such a certificate is an official license, not to ele- 
vate and bless, but to injure and degrade, and it may be 
to contaminate and curse the schools and the community, 
Good schools can not be taught by incompetent teachers; 
the moral atmosphere of the schools can not be kept pure 
by profane or irreverent teachers. It is by no means a. 
self-evident truth that poor schools are better than none; 
they may be so poor as to be a great deal worse than none. 
Superintendents should strive to convince school officers and 
parents how difficult it is to eradicate wrong habits of 
study, carelessness and inattention, false ideas of facts and 
principles, from the tenacious and imitative minds of child- 
ren, when once implanted by smatterers and pretenders in 
the great art of teaching; and that it is far better to wait 
until a good and safe teacher can be procured, though at 
a greater cost, than to accept the services of any other, at 
any price. 



194 SCHOOL LAWS AND DECISIONS. 

It is best to combine the two methods of examination, 
oral and written. Each has its advantag:es; methods of 
teaching, skill in expedients, aptness in illustration, etc., 
can be best brought out bj the oral method; while habits 
of thinking and modes of reasoning, proofs of discipline 
and accuracy, acquaintance with principles, and general 
availability of knowledge, etc., are best shown by the writ- 
ten method. As a general rule, the poorer the attainments 
of the applicant, the longer it will take to examine him, 
and vice versa. A person may be found worthy of licensure, 
upon a fair estimate of average ability in the details of 
each branch, in connection with good teaching powers, 
sense and tact, personal and social qualities, etc., who 
would fail if tried by other and severer tests. The aim of 
the superintendent should be to do justice to every candi- 
date. 

Let examinations be so conducted that the ignorant and 
conceited shall have a wholesome dread of them, while the 
modest and deserving, on the other hand, shall be assured 
that no injustice will be done them. 

The county superilitendent must remember, too, that he 
is to certify that the person to whom he grants his certifi- 
cate "is qualified to teach" the branches named. He should 
take into account, also, the conditions under which the 
teaching, is to . be done — that there will be both a school, to 
be governed and children to be instructed. Hence he not 
only may but should inquire into the applicant's knowledge 
of the principles and methods which should guide in train- 
ing children, his aptness to teach and his ability to con- 
trol them. Furthermore, the superintendent should give 
due weight to any knowledge he has of the applicant's 
success as a teacher. The man who has repeatedl}" demon- 
strated his unfitness to have charge of a school, should 
not be granted a certificate, however good his scholarship 
may be. 

4. Grade of Certificates — Physiology and the Elements 
of the Natural Sciences. The leading distinction between 
the two grades of certificates, besides the difference in term, 
is that the applicant for the first grade certificate must be 
examined as to his qualifications in the seven branches of 



SCHOOL LAWS AND DECISIONS. 195 

study named in the second grade certificate, and, in addi- 
tion thereto, in the elements of the natural sciences and 
in physiology and the laws of health. The natural sciences 
are, for the purposes of this examination, botany, zoology 
and natural philosophy. In examining upon the seven 
branches, if any difference is made in the character of the 
examination between applicants for first grade certificates 
and those applying for second grade certificates, the differ- 
ence should relate rather to the extent of the knowledge 
required. Every teacher, whether he hold a first or a second 
grade certificate, should have a clear comprehension of the 
fundamental principles, the rudiments, the primary rules, 
laws and facts in each branch of study. 

It is suggested that persons who have not shown them- 
selves successful teachers should not receive first grade cer- 
tificates. 

5. CertMca^tes not to be granted without examination. 
It is an open and palpable violation of the law for a 
county superintendent to grant to any one a certificate 
without examination, either upon his representation or 
upon his recommendations. It is equally a violation of the 
laAV for him to adopt as his own an examination held by 
another and not within his own control and direction. In 
all these duties in which a special trust is reposed in the 
abilities. Judgment, skill or learning of the officer himself, 
his personal services are required. Such a duty, preemi- 
nently, is that of examining and licensing teachers, im- 
posed upon the county superintendent by the law. 

6. Renewal of Certificates. It is wise for the county su- 
perintendent to exercise the power the law gives him to 
renew certificates, when he knows that the teacher is faith- 
ful, energetic and successful. The county superintendent 
may renew certificates issued by his predecessor. It is held 
that a teacher's certificate can not be renewed after its ex- 
piration — if renewed at all, it must be done on or before 
the day it expires. When a certificate has expired without 
renewal, the instrument is dead and can not be revived, and 
its effectiveness continued by the endorsement of the county 
superintendent— a new certificate must be obtained, or the 
teacher is without a license. 



196 SCHOOL LAWS AND DECISIONS. 

7. Revocation of a certificate. Teachers' certificates ma.y 
be revoked, but only for just cause. In the exercise of this 
right the greatest care should be taken to avoid injustice. 
The professional reputation of a teacher should not be 
prejudiced by the revocation of his certificate, except upon 
the most clear and positive proof of gross misconduct; 
but whenever such proof is furnished, the duty of the county 
superintendent is plain and he must perform it. When the 
revocation of a certificate becomes clearly necessary, the 
superintendent should note the fact in his record of certifi- 
cates granted, and request the teacher to surrender the 
document. If he refuse to do so, the name of the teacher, 
date and grade of his certificate, and the fact and date of 
its revocation (with cause, if deemed expedient), should be 
published in the county papers, or otherwise. This, in 
that case, would be necessary for the information and pro- 
tection of the public. The directors, trustees and treas- 
urer, of the district and township concerned, should also 
be informed immediately and officially by the superintend- 
ent, in writing, of his action, and duly notified and warned 
that no pubhc funds can lawfully be paid said teacher for 
services rendered from and after the date of said revoca- 
tion. The law does not authorize county superintendents 
to suspend teachers' certificates, nor is the right to do so 
implied in the power to revoke. They may grant, renew, 
and, for good cause, revoke certificates; their powers in 
the premises would then seem to be exhausted. 

The rule of law with regard to the way of proceeding in 
the revocation of a certificate is the same as laid down in 
regard to the removal of a county superintendent, or the 
dismissal of a teacher. [13, note; 147, note (a), 2.] 

The discretion and responsibility of the county superin- 
tendent in this matter are the same as stated in note 2, 
above. 

The revocation should be noted in the record required 
by 188. [District Y. Thelander, 32 Minn., 476.] 

8. Re-instatement of Teachers whose Certificates have been 
revoked. The law dofes not prescribe the limits of time 
within which a teacher, whose certificate has been revoked, 
may be re-instated in his profession. Each case must, i 



SCHOOL LAWS AND DECISIONS. 197 

therefore, be determined by the county superintendent, 
according to his best judgment and discretion, from the 
facts and circumstances as he knows or believes them to 
exist. A teachers license may be revoked for offenses of 
so grave a character as to render it improper ever to re- 
store him to the school-room. On the other hand, the rev- 
ocation may be necessitated by malfeasances or delin- 
quencies of a less serious nature, against the recurrence of 
which the the county superintendent may be well assured. 
If, for instance, a teacher is deprived of his certificate for 
acts of intemperance, or even drunkenness, he may so con- 
duct himself thereafter as to convince the superintendent 
that a thorough and genuine reformation has taken place. 
The power to revoke certificates is conferred for the sole 
purpose of summarily ejecting from the school-rooms of 
the state, such persons as may become clearly unfit for 
the responsible trusts committed to teachers of youth, and 
should never be exercised in any other spirit. As soon, 
therefore, as the caiise is removed, and the dishonored 
teacher gives proof of having again become worthy of 
trust, the spirit of the law as well as of charity, would 
warrant his re-admission into the profession. 

9. The CertMcate a Commission— Form of the Certificate. 
The certificate is in the nature of a commission and must 
be attacked directly, if at all. Whether it was issued upon 
due examination or not is a question which cannot be 
raised to defeat a teacher in a suit brought to recover his 
wages. The word "may," in the sentence of the law, in 
which it is provided that a teacher's certificate may be 
drawn in a given form, was not intended to be interpreted 
"must." {District Y. Sterricker, 86 111., 595.] 

188. Record. § 4. Each county superintendent shall 
also keep a record, in a book provided for that purpose, 
of all teachers to whom he grants certificates. Said record 
shall show the date and grade of each certificate and all 
renewals granted, and the name, age and nativity of each 
teacher; and shall give the names of male and female 
teachers separately. Said record may be as follows, viz: 

Name. Age. Nativity. Date Grade. Experienoe. Graduated 

Chas. Thompson. 25 Illinois. Mar. 1.1888. 1 Has taught 5 yrs. State Nor. 

University. 



198 SCHOOL LAWS AND DECISIONS. 

Record of Certificates. The record here required is of 
much importance, and may prove of inestimable value for 
future reference. County superintendents are enjoined to a 
faithful performance of this duty, and to see that the record 
is kept in a well bound book, properly ruled and headed 
for the purpose. The form given in this act is very simple 
and it will require but very little time to make the neces- 
sary entries. To insure accuracy a proper memorandum 
should be made immediately after the results of each ex- 
amination are determined. 

In the record should be noted any revocation [187, note 
9], and all renewals. 

189. Teacher must hold a certificate. § 5. No 
teacher shall be entitled to any portion of the common 
school or township fund, or other public fund, or be em- 
ployed to teach any school under the control of any board 
of directors of any school district in this state, who shall 
not at the time of his employment have a certificate of 
qualification obtained under the provisions of this act, 
entitling him to teach during the entire term of his con- 
tract. 

1. Teacher must have a Certificate for whole Term of 
Contract. When a person makes a contract, he must have 
a certificate good for the full term of the contract, or 
neither he nor the school board will be bound by the con- 
tract; and the contract is not made binding by the fact 
that the teacher obtains such a certificate before he begins 
school. [Stevenson v. Directors, 87 111., 285; Davis y. 
Directors, 92 111., 293; Butler v. Haines, 79 Ind., 575.] 

No teacher can be required to procure more than one 
certificate in order to teach the same school. In case a 
district lies partly in two counties the teacher must obtain 
a certificate from the superintendent of the county in which 
the school house is situated, He cannot be required to 
have certificates from both superintendents. 

2. A Teacher without a Certificate must not be paid. 
The declaration of the law is emphatic— no teacher without 
a certificate may be paid for services, and the full intent 
of the law has been sustained by the courts repeatedly. 

As elsewhere stated, all funds collected from taxes levied 
by school directors, must be held subject to, and paid out 



SCHOOL LAWS AND DECISIONS. 199 

upon the orders of the directors of the district. But the 
orders on such tax funds must be for the payment of 
debts legally contracted, and no others. Hence a board 
of directors cannot use any portion of such special district 
taxes to pay a teacher who taught without having the 
necessary certificate of qualifications. Directors are em- 
powered to levy taxes for the sole purpose of supporting 
or extending the terms of such schools, and such only, as 
the law contemplates. But the law does not contemplate 
or in any manner recognize, schools taught by teachers, 
who have no certificates, and no public or special tax funds 
can, therefore, be used to pa^^ any of the expenses of schools 
so taught. Any other interpretation of the statute would 
be absurd; because, if the directors may ignore the provi- 
sion in respect to certificates, they may ignore every other 
provision of the act, and levy taxes to pay the teachers of 
writing schools, or singing schools, or any other descrip- 
tion of schools, however unlike they may be to the public 
schools provided for in th'e statute. [Casey v. Baldridge^ 
15 111., 65; Wells v. People, 71 111., 532.] 

Directors who pay a teacher who has no certificate are 
personally liable for the loss of school funds through their 
misuse of them. The school taught by a teacher without 
a certificate is not a legal school; and if, on that account, 
the district loses its share of funds distributed by the trust- 
ees [56, note (c)], the directors are further liable personally 
for such loss. They are also liable to a fine for a failure 
to perform their duty under the law. [284.] And for 
diversion of funds, [Criminal Code, Chap. 38, § 208, Eev. 
Stat. 111.; District v. Thelander, 31 Wis., 333.] 

If directors employ a teacher who has not a certificate^ 
as required by law, and the treasurer knows the fact, 
even if the directors certify to his schedule, the treasurer 
cannot pay it. It would be a case of open violation of a 
positive requirement of the law, and should not be over- 
looked. Known and palpable fraud always vitiates. 

Any interested taxpayer may enjoin the payment of a 
teacher who has no certificate, or may stop the payment 
of a judgment in favor of such teacher, if obtained hj col- 



200 SCHOOL LAWS AND DECISIONS. 

lusion with the directors. [Barry. Deniston, 19 N. H., 170; 
Noble V. Directors, 117 111., 30.] 

If a teacher teaches for a while without a certificate and 
then gets one, the directors can not pay for the time taught 
without a certificate. Neither can they pay him indirectly 
for such time by hiring him over at an advance in salary suffi- 
cient to make up for the time taught before he got a certif- 
icate. Public officers must not do indirectly what the law 
forbids them to do directly. [Wells v. People, 71 Hi., 532.] 

3. Substitutes and Assistants must have Certificates. 
The teacher employed as a substitute for however short a 
time, must have a certificate of qualification, make a 
schedule, and comply with all other requirements of the 
law, or the public funds can not be used in payment of the 
temporary services so rendered. One teacher cannot re- 
ceive wages on the certificate of another, or in the name 
of another teacher. 

All assistant teachers, special teachers of writing, etc., 
included, in the public schools, 'must have certificates of 
qualification from the county superintendent — there is no 
exception to the emphatic requirements of the law in respect 
to certificates. 

This opinion is grounded upon the plain object of the 
legislature in requiring teachers to posses certificates; which 
can be none other than to secure the employment of 
teachers of approved character and ability — a considera- 
tion of quite as much moment in the case of assistant 
teachers, as any other. 

4. Superintendents of City and Village Schools. It is 
held that the superintendent of city and village schools be- 
longs to the teaching force, and should, therefore, have a 
certificate of qualification in order that he may draw his 

pay. 

5. Restraining the Board and the Teacher. When the 
directors persist, in violation of law, in retaining a teacher 
who does not hold a certificate, any taxpayer or patron 
of the school would be entitled to an injunction to restrain 
the teacher or the board from continuing the school. The 
county superintendent cannot take out an injunction in 



SCHOOL LAWS AND DECISIONS. 201 

•such a case. \_Ferldns v. Wolf, 17 la., 228; Ba^rr v. Denis- 
ton, 19 N. H., 170.] 

The county superintendent has discharged his whole duty 
in the premises when he has notified the directors and 
the teacher that they are violating the law and .of the 
consequences thereof; and has directed the trustees and the 
treasurer to pay no more orders drawn from such teacher's 
salary and to exclude the district from the distribution of 
funds the next year, unless it shall have a school taught 
by a teacher holding a valid certificate for not less than 
one hundred and ten days during the year. 

When the schools of any districts are operated under a 
special law, which does not give the school board of such 
district, in unmistakable terms, power to examine its 
teachers and grant them certificates, the board may law- 
fully employ such teachers only as hold certificates obtained 
under the general school law. [Board of Education v. Ar. 
nokl, 112 111., 11.] 

190. Branches to be taught. § 6. Every school estab- 
lished under the provisions of this act shall be for instruc- 
tion in the branches of education prescribed in the qualifi- 
cations for teachers, and in such other branches, including 
vocal music and drawing, as the directors, or the voters, 
of the district at the annual election of directors, may pre- 
scribe. 

Province of the Public Schools. Every public school in 
the state shall be for the purpose of instruction in the 
branches of education prescribed in the qualifications for 
teachers. But the directors, if they think it expedient, may 
cause other branches to be taught, including vocal music 
and the €']ements of drawing. It is also competent for the 
voters of the district, at the annual election of directors, 
to instruct the directors to introduce other branches as 
aforesaid; and when a majority of the votes cast at such 
annual election shall be for such additional branches, the 
directors must regard and obey such vote. 

If the question is on the introduction of drawing, for 
example, the ballots shall read, "For Drawing," or "Against ^ 
Drawing," and in the same manner for any other proposed 
additional branch. But neither the directors nor voters 
-13 



202 SCHOOL LAWS AND DECISIONS. 

can exclude any branch prescribed by law; nor can the 
voters exclude any branch added by the directors, nor the 
directors any branch added by the voters. If any added 
branch is withdrawn, it must be by the same authority 
that introduced it. Directors are not required to have all 
the branches prescribed by law taught at the same time. 
This will rarely be expedient. But every branch so pre- 
scribed must be included in the full course of studies of 
every public school, so that each pupil will have an oppor- 
tunity to pursue all of said branches during his common 
school course. By this provision all necessary latitude is 
given for the introduction into our common schools of 
such additional or higher branches, whether of language or 
mathematics, etc., as may, in given circumstances, be 
deemed advisable. In like manner, under the wise and 
liberal provisions of this section,- high schools may be es- 
tablished in connection with, and as a part of our system 
of public schools, with a course of instruction as extended 
and varied as the best interests of the community may 
require. The schools must be English schools to the extent 
that the English language must be the medium of commu- 
nication in them. IPowell v. Board of Education, 97 111., 
375; note p. 9. 146, note (f), 1 and 2.] 

191. Number of examinations— Places— Notice. §7. 
It shall be the duty of the county superintendents to hold 
meetings, at least quarterly, and oftener if necessary, for 
the examination of teachers, on such days, and in such 
places in the respective counties, as will, in their opinion, 
accommodate the greatest number of persons desiring such 
examination. Notice of such meeting shall be published a 
sufficient length of time, in at least one newspaper of gen- 
eral circulation, the expense of such publication to be paid 
out of the school fund. 

Number of Examinations— Places — Notices — Public and 
Private. By this section, it is made the duty of county 
superintendents to hold at least four public examinations 
annually, for teachers desiring certificates, on such days 
and at such different points in their respective counties as. 
will, in their estimation, best accommodate those concerned. 
It is not meant by the term "quarterly," that the four 
pubUc examinations should be held successively at the pre- 



SCHOOL LAWS AND DECISIONS. 203 

cise interval of three months. The intention of the law is 
simply to require that there shall not be less than four 
public examinations in each year; the precise time of each 
being left to the discretion oi the county superintendent, 
having in view the convenience and accommodation of the 
largest number of teachers. It is plain, from the language 
of the law, that in all large counties, more than one place 
should be designated for the holding of such examinations; 
they are to be held "on such days and at such places in 
their respective counties as will, etc." 

The four examinations required by law must therefore be 
strictly public— open to all who may choose to attend. It 
is, however, to be distinctly understood that the number 
of public examinations that may be held is not limited to 
four; that i^ merely the minimum number required by law. 
Superintendents may hold as many more public examina- 
tions as they choose; the}^ may hold them monthly, or 
even oftener, if deemed expedient; or they may insist that 
all examinations held by them shall be ojjen and public, if 
in their estimation, the best interests of education would 
thereby be promoted. 

Special cases or emergencies may occur when private 
examinations should be granted; but all examinations 
should be public, unless very good reasons exist in favor 
of a contrary course. Public examinations are in almost 
all cases more thorough, impartial and satisfactory than 
private ones. 

Notices of all public examinations must be given for a 
sufficient length of time, by publication in at least one 
newspaper of general circulation in the county. The ex- 
pense of such publication, in whatever form made, is to be 
paid out of the school fund. 

192. Fee. § 8. The county superintendent shall in all 
cases require the payment of a fee of one dollar from every 
applicant for examination for a teacher's certificate, and 
for each renewal of such a certificate he shall require the 
payment of a fee of one dollar. 

Fees — Accounts. By the pajmient of the fee of one dol- 
lar, the applicant for a certificate becomes entitled to a 
fair opportunity to pass the prescribed examination at the 



204 SCHOOL LAWS AND DECISIONS. 

usual time. Having had that opportunity, the right gained 
by the payment of the fee has been exhausted; and if the 
applicant has failed to get a certificate, he must pay a 
second fee, if he wishes for a second examination. If, how- 
ever, the county superintendent wishes to examine further 
in certain of the branches an applicant who has passed 
well in the others, he need not charge a second fee for such 
continuance of the examination. 

193. Moneys expended. § 9. All moneys so received 
from applicants for teachers' certificates, and from the 
registration fees hereinafter provided for, the said county 
superintendent shall transmit monthly to the county treas- 
urer, to be by him held and designated as the institute 
fund, and with such fund the county superintendent shall 
give the treasurer a list of the names of the persons pay- 
ing such fees. Said fund shall be paid out by the county 
treasurer only upon the order of the county superintend- 
ent and only to defray the expenses of the teachers' insti- 
tutes, which the county superintendent is, by the following 
sections, authorized to hold. The county superintendent 
shall take vouchers for all payments made out of the in- 
stitute fund, and he shall render an account of such dis- 
bursements, with vouchers for the same, to the county 
board at their regular meeting in September annually.* 

All fees, with the list of names of the persons from whom 
they have been received, must be deposited with the county 
treasurer monthly, and may be used by the county super- 
intendent for one purpose only — to defray the expenses of 
the teachers' ■ institute which he is required by this section 
of the law to hold. He should make his deposits with the 
county treasurer regularly the first day of each month. 
A statement of the receipts and expenditures with vouch- 
ers must be made by the county superintendent as a part 
of his annual report to the county board. [22, note 4, and 
230, note.'] 

194. Institute. § 10. The county superintendent shall 
hold, annually, a teachers' institute, continuing in session 
not less than five days, for the instruction of teachers and 
those who may desire to teach, and, with the concurrence of 
the state superintendent of public instruction, procure such 
assistance as may be necessary to conduct said institute at 
such time as the schools of the county are generaUy closed; 

♦Forms Nos. 41-44. 



SCHOOL LAWS AND DECISIONS. 205 

Provided, that two or more adjoining counties may hold 
an institute together. At every such institute instruction 
shall be free to such as hold certificates good in the county 
(or counties where two or more join to hold an institute) 
in which the institute is held; but the county superintend- 
ent shall require all others attending to pay him a regis- 
tration fee of one dollar, except those who have paid him 
an examination fee as required by section 8 of this article, 
and failed to receive a certificate. 

1. The Institute. The institute required by this section 
must be a meeting of at least five days' continuance, held 
"at such time as the schools in the county are generally 
closed." A shorter meeting does not satisfy the law. Two 
or three teachers' meetings held at different places in the 
county for one or two days each may not be substituted 
for the institute. 

The legitimate objects of the county teachers' institute 
are: 
1st. To impart instruction 

(a) in subjects to be taught, 

(b) in principles and methods of teaching, 
and of these, (b) is the more important. 

2d. To unify, in some measure, the work done in the 
schools of the county. 

3d. To promote a professional esprit de corps by bring- 
ing the less experienced into contact with maturer minds, 
and so leading them to higher aspirations. 

4th. To instruct the community upon the aims and 
scope of the school. 

It may happen that the great body of the teachers of a 
county are reasonably well prepared in the knowledge of 
the subjects to be taught. For such the most valuable in- 
stitute training will be in the principles and methods of 
education. But in other cases the literary preparation of 
teachers is less perfect, and drill in academic work is really 
necessary. This drill, however, may be so conducted, aca- 
demic instruction may be so given, as to illustrate the best 
methods and to exhibit the truest principles of teaching. 

2. Teachers for the Institute to be employed with the 
Concurrence of State Superintendent. The law requires the 
county superintendent to procure, "with the concurrence of 



206 SCHOOL LAWS AND DECISIONS. 

the state superintendent of public instruction," such teach- 
ers as he may need for his institute. The state superin- 
tendent will, on application, license in writing as institute 
conductors and instructors such persons as he knows to 
be well qualified therefor. County superintendents may 
employ persons thus approved by written license without 
correspondence with the state superintendent. If they wish 
to employ persons who have not been already licensed, they 
should first consult with the state superintendent. 

The county superintendent may himself, of course, act as 
a conductor or an instructor in his institute. For such 
services he receives his per diem in the usual way; but he 
does not draw any compensation from the institute fund. 

3. Who may attend Free of Charge— Registration Fees. 
The expenses of the institute are chiefiy paid from the ex- 
amination fees; so those who have paid such fees are en- 
titled to attend the institute free of charge. , This includes 
all who have certificates in force, and those, who, having 
paid a fee for examination since the last institute, failed to 
receive a certificate. All others attending the institute 
must contribute their part towards its expenses by pay- 
ment of a registration fee of one dollar. 

If the institute is held for a longer time than the fund 
will pay for, then a part of the term — not less than five 
days — should be designated in advance as the time to be 
paid for by the fund, and during this part of the term it 
should be well understood that instruction is free to all 
entitled by the payments they have made to attend free. 

195. Teachers to have time to attend institutes. 
§ 11. The time, not exceeding three days in any one term, 
or five days in any one school year, during term time, 
actually spent by a teacher of any public school in this 
state in attendance upon a teachers' institute, held under 4; 
the direction of the county superintendent of schools, shall -^ 
be considered time lawfully expended by such teacher in 
the service of the district where such teacher is employed, 
and no deduction of wages shall be made for such absences. 
And it shall be the duty of the school officers and boards 
of education to allow teachers to close their schools for 
such attendance upon such institute. 

1. No Loss of Time— Certificate of Attendance. It is the 
manifest intention of the law that any teacher of a public 



^ ^ 



SCHOOL LAWS AND DECISIONS. 207 

school may take, without loss of pay, not more than three 
school days during one school term, nor more than five 
school days in one school year to attend a teachers' in- 
stitute, if one be held by the county superintendent of his 
county while his school is in session. 

The district must pay for school days so taken, and 
they will count to make up the one hundred and ten days 
which, by 146, fifth, it must have taught each year. 

The county superintendent should give the teacher at- 
tending the iostitute a certificate showing the days of such 
attendance, which certificate the teacher should return to 
the school board with his schedule. Such short meetings 
may be profitably used as follows: Let the county super- 
intendent, from his examinations of the schools, have in 
his mind a clear idea of the most serious defects exhibited 
in them, both in disciphne and instruction. Let methods 
be suggested for correcting these defects. In other words 
the short meetings should be made as useful practically as 
possible in their effect upon the schools. 

2. Any meeting of teachers held by the county superin- 
tendent, is an institute within the meaning of the above 
act. But the expenses of meetings of less than five days 
duration may not be paid for out of the institute fund. 

196. Teacher to care for school property— To fur- 
nish schedules. § 12. It shall be the duty of every 
teacher employed in the public schools of the state to see 
that the school property of the district, placed under his 
care and control, is not unnecessarily damaged or destroyed. 
And no teacher shall be paid any part of the school funds, 
unless he shall have kept and furnished schedules (when 
required by law) as hereinafter directed, and shall also 
have satisfactorily accounted for all books, apparatus and 
other property belonging to the district which he may have 
taken in charge. 

The Teacher's Eesponsibilitj for School Property. A 
teacher, while in charg:e of a school, has usually, for the 
time being, charge of the school premises and property. 
It is his duty to use due diligence to prevent any unrea- 
sonable injury or waste of them, and this is the extent of 
his responsibility in this regard. 

197. Registers. § 13. Teachers shall keep correct 
daily registers of their schools, which shall exhibit the 



208 



SCHOOL LAWS AND DECISIONS. 



name, age, and attendance of each pupil, the day of the- 
week, the month and the year. Said registers shall be, as 
nearly as may be, in the following form, the absence of 
each scholar being signified by a mark, the presence by a 
blank, viz: 



Eegister of a common school kept by A. B., at 

in township No range , of the. 

in the county of , in the State of Illinois. 



, in district No. 

.principal meridian;. 



Names and Ages of Scholars 
Attending School. 


1 


1 

•< 


& 
P 

1 


1 

n 
r 


5- 

B 


p 

S 


'^3 - 

i 

if 




.i 


k 
o 




i! 

II 

P p 
p p 


p' 
S 

P 


a- 
P 

to 


k 
g 
p 

1 

3 
p 
'5 


1 
1 

p 

OS 


p 

1 
1 


P a 

1? 
p 

P P 

"<! -<! 
00 to 


i 

p 

o 

f 


Names. 


Ages. 


1 




10 
13 
16 
18 




1 


'i 




1 
■■ 


"i 

'i 


'i 


1 .. 
1 1 




1 


!! *i 


"i 






"i 


"i 


" 


1 

'i 


T> 


Isaac Meisler 


11 




W 




IS 


Grand total No. of days 


64 




Males. Females. 


Total. 


Number of scholars . . 


. 1 . 


i 










1 



















Average daily attendanc e 3.2 



Said register shall be furnished to the teachers by the 
school directors, and each teacher shall, at the end of his 
term of school, return his register to the clerk of the school 
board of the district, .^nd no teacher shall be paid any 
part of the public funds unless he shall have accurately 
kept and returned the register as aforesaid. 

Registers. The register should be a well bound book and 
should be kept with care from the beginning to the end of 
each term. It must contain the names of all the pupils- 
attending the school. Thus kept, it will be the source 
from which to get, for the annual report, statistics of en- 
rollment, months of school, months taught and days' at- 
tendance. 



SCHOOL LAWS AND DECISIONS. 



209 



The clerk of the board of directors should see to it that 
the register has been properly kept and returned to him at 
the close of the term. 

198. Schedules. § 14. In all districts controlled by a 
board of directors, teachers shall make schedules of the 
names of all scholars under twenty-one (21) years of age 
attending school, in the form prescribed by this act; and 
when scholars reside in two (2) or more districts, town- 
ships or counties, separate schedules shall be kept for each 
district, township or county. Boards of education may re- 
quire teachers under their control to make schedules as 
herein directed, or to make statements* certifying the num- 
ber of days' attendance for each month, as shown by their 
registers, which statements shall be certified to by the 
board of education, and be subject to the same require- 
ments concerning payment of teacher's salary and filing as 
those made by this act concerning schedules. The schedules 
to be made and returned by the teacher shall be, as near 
as circumstances will permit, in the following form, viz.: 

Schedule of a common school kept by , at , in district No. 

township No , range No , of the principal meri- 
dian, in the county of in the State of Illinois. Names and ages of 

scholars residing in district No in township No north, range — 

west county, who have attended in my school during the time begin- 
ning the day of , 18...., and ending the day of ,18 during 

which time the school was in session school days. 



Names. 


Ages. 


Days 
attended. 




10 
13 
16 
18 


15 


Isaac Meisler 


11 


Sarah Danf orth 


20 


Mary Newman 


18 








64 











Males. 


Females. 


Total. 


Number of scholars 


2 


2 


4 








3.2 









And said teacher shall add up the whole number of days* 
attendance of each scholar, and make out the grand total 
number of days' attendance. He shall also note the whole 
number of scholars, giving the males and females sepa- 
rately; the average daily attendance; and shall set the age 

*Form No. 47. 



210 - SCHOOL LAWS AND DECISIONS. 

of each, pupil opposite the name of such pupil, as in form 
above prescribed, and shall attach thereto his certificate, 
which shall be in the following form, viz.: 

I certify that the foregoing schedule of scholars attending my school as 
therein named, and residing as specified in said schedule, to the best of my 
knowledge and belief, is correct. 

A B Teacher. 

1. Schedules— Statements. Formerly the school funds, 
were distributed to the districts in part upon the days' at- 
tendance, as shown by schedules filed with the township 
treasurer, and the law" did not require registers to be kept. 
The schedules were then documents of great importance. 
Now their only use is to serve as a monthly report of 
attendance by the teacher to the school board; and, w^hen 
filed with the treasurer, to furnish official evidence to the 
trustees as to whether Or not the district has had a legal 
school for the required term, and, hence, is or is not 
entitled to a share of funds distributed by them. But the 
law still makes filling out and certifjdng schedules or state- 
ments by the teacher, and approving them bv the school 
board, conditions precedent to drawing the teacher's order 
for his pay; so it becomes teachers to supply themselves 
with the requisite blanks and fill them out and deliver 
them as the law prescribes. 

2. Separate Schedules— Statements. If the district is a 
union district with pupils from both townships, the teacher 
must make separate schedules of the pupils from each part 
of the district. So, too, there must be separate schedules 
if the district lies in two counties and there are pupils from 
each part. 

There must be a separate schedule for pupils who attend 
the school on transfers. [156, note 2.] 

Pupils paying tuition fees should not be put upon any 
schedule. 

It is important that the directors who certify to the 
schedule should fill all the blanks in the certificate. If not 
filled out, the trustees should not receive it as evidence of 
a legal school. 

3. Schedule or Statement left incomplete. When a teacher 
dies before completing his schedule, or when, from any 
other unavoidable reason, a schedule is not and can not be 



SCHOOL LAWS AND DECISIONS. 211 

completed, or certified bj tlie teaclier, the directors may 
return it to ttie township treasurer, after correcting such 
errors as they may be cognizant of, with an affidavit or 
certificate, set.ting forth the reasons why it is not com- 
pleted and certified by the teacher, and any other material 
facts in regard to its unfinished condition. Said affidavit 
or statement of the directors should be filed by the treas- 
urer with said schedule, and will be a sufficient warrant 
for the trustees to accept the schedule and make appor- 
tionment tliereon. 

4. Schedules or Statements— One for a School with two 
or more Teachers. The two following sections deal more 
in detail with the schedules. It is held that the require- 
ment of the law, that every teacher shall keep a schedule, 
is fully satisfied if, in a school in which there are several 
teachers, there is made up a complete schedule for the 
whole. (If such a district is in two or more townships or 
counties, there must be separate schedules, as required by 
this section.) One schedule for the whole school serves 
every purpose for which schedules are kept as well as 
several; and if kept by one teacher for all, it is really the 
schedule of all; ''Qui tacit per alium, facit per se.^' The 
same rule will govern with regard to special teachers of 
music, drawing, etc. 

One schedule could be made sufficient for such a school, 
also, by inserting the names of all the teachers in the head- 
ing, and having each one sign it. 

199. Schedule delivered to directors. § 15. When 
the teacher shall have completed his or her schedule or 
schedules as provided in the foregoing section, he or she 
shall deliver it to some one of the directors who shall, if 
requested, give the teacher a receipt* for the same. And it 
shall be the duty of the said director, in connection with 
at least one other director of the board, to carefully examine 
such schedule or schedules, and after correcting all errors, 
if any, if they shall find such schedule to have been kept 
according to" law, they shall certify to the same as near as 
practicable, in the following form, viz: 

* Form No. 48. 



212 SCHOOL LAWS AND DECISIONS. 

State of Illinois, ? ^a 
County, f ^^• 

"We, the undersigned directors of district No township No 

range No , in the county aforesaid, certify that we have carefully examined 

the foregoing schedule and find the same to he correct, and that the school was 

conducted according to law; that the teacher is paid as per contract dollars 

per ; that the sum of dollars is now due for services for the 

month ending ; that said teacher has a legal certifloate of grade, and 

that the property of said district in charge of such teacher has been satisfaotorilr 
accounted for. 

Witness our hands this day of A. D 



■Directors. 



200. Teacliers' -wages. § 16. Teachers' wages are 
hereby declared due and payable monthly, and npon certi- 
fying to the schedule or statement, as hereinbefore provided 
for, the directors, or board of education, may at once make 
out and deliver to the teacher an order upon the township 
treasurer for the amount named in the schedule or state- 
ment,* which order shall state the rate at which the 
teacher is paid according to his contract, the limits of the 
time for which the order pays, and that the directors have- 
duly certified a schedule covering the time specified in such , 
order: Provided, that in case said order shall be presented 
to the township treasurer and not paid for want of funds, 
said treasurer shall certify on the back of such order the 
date of presentation as required by section 18 of article 4 
of this act, and thereafter such order shall bear interest at 
the rate of eight per cent, per annum until paid, or until 
the said treasurer shall notify the clerk of the board of 
directors issuing such order that he has funds with which 
to pay the same. 

1. Teachers^ Wages Payable Monthly. The teacher is 
entitled to his wages monthly, provided only he has made 
out his schedule or statement in proper form. The duty 
of the directors upon receiving a schedule is, first, to give 
the teacher a receipt for it, and then to examine it promptly 
and, upon finding it correct, to certify to it, and then to 
give the teacher an order on the treasurer for the amount 
according to contract, for the time covered by the schedule. 

2. The Teacher's Order. The teacher's order for wages 
differs from orders for other current expenses in three 
things: It must state (1) a,t what rate the teacher is paid; 
(2) for what time it pays, and (3) that the schedule for 
the time has been duly certified. The treasurer needs to 
know each of these facts, and he should insist upon the 
orders being in this form. ; 

Forms Nos. 49 and 50. 



SCHOOL LAWS AND DECISIONS. 213 

3. Failure to deliver Schedules. If a teacher fails to de- 
liver to the directors by July seventh any schedule for time 
taught before July first, the directors are forbidden by the 
statute to give him an order for such time. The reason 
ior this is that the directors must file all schedules with 
the township treasurer on or before July seventh each year, 
as provided in 146. See 146, Eleventh and Fourteenth. 

4. Interest on Teachers' Orders See 116 and note. 
201. School month— Holidays. § 17. The school 

month shall be the same as the calendar month; but 
teachers shall not be required to teach upon Saturdays, 
Sundays, legal holidays, these being New Year's, Fourth 
of July, Christmas, and thanksgiving and fast days ap- 
pointed by the national or state authority; nor shall 
they be required to make up the time lost by closing school 
upon such days or upon such special holidays as may be 
granted the schools by the board of directors. 

1. School Month. The school month is a calendar 
month. A calendar month is the time beginning with any 
day of any month and ending with the day preceding the 
day of the same number in the next month. A month as 
named, March, etc., is a calendar month; so, also, are 
March 13— xipril 12, August 26— September 25, both days 
included, calendar months. Confusion sometimes arises 
from the fact that the months are not all of the same 
length, but by going back to the starting-point it may be 
avoided. For instance, if the term of five months begins 
October 31, the first month ends November 30. The second 
month be2:ins December 1, and, it would seem, should end 
with December 31; but two months from October 31 end 
December 30. The fourth month of the term would end with 
the last day of February, and the term would end March 30. 

The fact that the law declares that the school month 
shall be the calendar month makes a contract "by the 
month" definite, when the term month is not defined therein. 
But school officers and teachers may agree that the month 
shall be four weeks, and such agreement binds the parties 
thereto. A contract may be made "by the week" or "by 
the day." 

2. Va/iations. The effect of a vacation of one or two 
weeks is to push forward the end of the month and the end 
of the whole term under the contract one or two weeks. 



214 . SCHOOL LAWS AND DECISIONS. 

For instance, if the school month began December 15 and 
there was no vacation at Christmas, the month ended Jan. 
14; but a vacation of two weeks would have made the 
month end January 28. So, too, a term of nine months, 
begun September 5, would end June 4, if there were no va- 
cation; but a vacation of two weeks at any time during 
the term would carry for ward the end to June 18. 

3. '^Losf Time. "Lost" time, if made up, must be 
made up by teaching "school" days, i. e., days which are 
not Saturdays, Sundays, or school holidays. [146, note 
(b), 1.] Here again confusion arises from the difference in 
the length of the month. All diffculties may be obviated 
by making up the time at the end of the term. It is for 
the directors to determine whether time which the teacher 
has lost shall be made up or not. 

4. Pay for a Fraction of a Calendar Month. The num- 
ber of school days in a calendar month varies from twenty 
to twenty- three, and the amount due for a given fraction 
of a month may vary in the same proportion. For ex- 
ample, if a teacher is paid forty-two dollars a month for a 
term of five months in which there are one hundred and 
five school days, the rate is evidently two dollars a day. 
But if we take one month of the term which has twenty 
school days, the pay in that month would be |2.10 a day; 
but in a month with twenty-three school days, the pay 
would be but |1.82 a day. It will be fair always to cal- 
culate the pay for a day by dividing the amount paid for 
the whole term by the number of days in the term. Then 
by multiplying this amount by the number of days taught 
in the part of a month, the pay for such part is found. 

This matter has been considered, not because it is thought 
to be of much importance, but because it has been in many 
instances the source of irritation and petty bickering. 

5. Holidays. Teachers are not required to teach upon 
the holidays named, thanksgiving and fast days appointed 
by national or state authority, or special holidays granted 
by school boards. Teachers are not entitled to take days 
in lieu of holidays occuring during a vacation, as Christ- 
mas and New Year's during a vacation of two weeks at 
that time. 



SCHOOL LAWS AND DECISIONS. 



215 



Washington's Birthday, Decoration Day and Arbor Day 
have not been made school holidays by law; so it is for 
school boards to say whether not school shall be closed on 
such days. 

6. School closed bec£iuse of an Epidemic, etc. If the 
school board closes the school during the term because of 
the prevalence of a contagious disease, the teacher does 
not lose his pay, unless he consents to lose it, provided he 
holds himself in readiness to teach, subject to the order of 
the board. There may be a condition of things which 
makes it eminently expedient and prudent to stop the 
schools, but no rule of justice will entitle the district to 
visit its misfortune upon the teacher who had no agency 
in bringing it about. [Dewey v. District, 43 Mich., 480.] 



AETICLE 8. 



REVENUE— TAXATION. 



Power to tax: limitations. 

Certificate of tax levy; time of 
return; form. 

Beturn of certificate to county 
clerJi; map filed. 

District in two counties. 

Taxes computed by county oleilj 

Assessors to designate the dis- 
trict. 

County clerk to copy numbers of 
districts; tax to be uniform. 



§ 8. Certificate of amount due each 
district. 

§ 9. Collector to pay township treas- 
urer. 

§ 10. Districts lying in two townships. 

§ 11. Penalty for failure to pay. 

§ 12. Blank books and notices. 

§ 13. Failure to file certificate does 
not vitiate the assessment. 



202. Power to tax— Limit. Section 1. For the pur- 
pose of establishing and supporting free schools, for not 
less than five nor more than nine months in each year, 
and defraying all the expenses of the same of every de- 
scription; for the purpose of repairing and improving 
school houses, of procuring furniture, fuel, libraries and 
apparatus, and for all other necessary incidental expenses 
in each district, village or city, anything in any special 
charter to the contrary notwithstanding, the directors of 
such district, and the authorities of such village or city 
shall be authorized to levy a tax annually upon all the 
taxable property of the district, village or city, not to ex- 
ceed two per cent, for educational, and three per cent, for 
building purposes (except to pay indebtedness contracted 
previous to the passage of this act,) the valuation to be 
ascertained by the last assessment for state and county 
taxes. 



216 SCHOOL LAWS AND DECISIONS. 

1. Length of Term of School. The term of the school 
must be, according to 146, fifth, not less than one hundred 
and ten daj^s actually taught and more if practicable, not 
exceeding nine months except by vote of the people of the 
district. 

2. Taxation in Districts under Special Laws. The phrase 
''anything in any special charter to the contrary notwith- 
standing" was put into the law by amendment in 1879, in 
order to relieve certain school districts under special laws 
which put lower limits upon taxation for school purposes. 
The amendment was held to be sufficient by Hon. C. S. 
Zane, circuit judge of Sangamon county. 

3. Must be for School Purposes. The power to levy 
taxes here given is general and no attempt is made to 
make a complete enumeration- of the objects for which 
taxes may be levied; but, on the other hand, it must be 
remembered thab the powers of school boards are strictly 
limited to such as are necessary to carry out the pro- 
visions of the school law. {^People v. Dupuyt, 71 111., 651; 
People V. Trustees, 78 111., 136.] 

No power is given to raise money with which to defray 
the expenses of school picnics, or to buy prizes or rewards; 
and, hence, directors have no power to use school moneys 
for such purposes. [Law v. People, 87 111., 385.] 

The school funds of every district must be kept and con- 
sidered as a unit, for the purposes contemplated by law. 
The school law knows no particular class, nationality, re- 
ligion or sect. The taxes paid by persons of a particular 
sect, class or nationality, can not be withdrawn from the 
common fund to pay the teacher of a separate school es- 
tabhshed for their own special benefit. Such a proceeding 
would be at war with the fundamental idea of our system 
of common schools. 

4. Vote not needed for Levy for Educational Purposes. 
No vote of the people is needed to authorize the directors 
to levy a tax for educational purposes; neither does a vote 
of the people in this regard, if one be had, change or limit 
in any way the power of the directors, except as to ex- 
tending the school beyond nine months; for it is not one 



SCHOOL LAWS AND DECISIONS. 217 

of the questions upon wMcli the law provides for a vote. 
[School District v. Harvey, 56 Vt., 55G.] 

5. Vote needed for Levy for Building Purposes. But 
there must be an antecedent vote to build, to purchase or 
to move a school house and to choose of locate a school 
house in order to authorize and make legal a tax levy for 
such purposes. [Directors v. Fogleman, 76 111., 189.] 
There having been a vote to build a school house or to 
purchase one, or to locate or purchase a site, etc. [151, 
note 5.], the board may proceed, without any further vote, 
to levy a tax for these purposes, not exceeding the limit 
named above. 

6. Money must he used for Purpose for which it was 
raised. Moneys raised for a special purpose, as for build- 
ing a school house, may not be devoted to any other pur- 
pose; so, too, funds obtained for the support of schools 
and defraying the expenses of the same, may not be paid 
out for building purposes. [Pennington v. Coe, 57 111., 118.] 

7. Surplus, how used. If there be a clearly ascertained 
surplus in any special fund, as there may be in a building 
fund if the house has cost less than the amount raised, 
the school board can turn the surplus into the general fund. 

See 147, seventh, note (7). 

8. Limitation. The assessment is as made by the as- 
sessor. [People V. Hamill, 125 111., 600.] 

203. Levy. § 2. The directors of each district shall 
ascertain, as near as practicable, annually, how much 
money must be raised by special ta,x for school purposes 
dui-ing the ensuing year, which amount shall be certified 
and returned to the township treasurer on or before the 
first Tuesday in August, annually. The certificate of the 
directors may be in the following form, viz.: 

We hereby certify that we reauire the sum of dollars, to be levied 

as a special tax for school purposes, and dollars for building pur- 
poses, on the taxa le property of om- district, for the year A. D 

Given under om- hand this day of.. , A. D 

A. B., ) Directors district No , township 

C D , >■ No range No , county of 

E. F. ) , State of Illinois. 

1. The Tax Levy. It will be seen that the form does 

not require a levy of specific amounts for each purpose for 

which taxes may be levied. But if a part of the amount 

to be raised is for building purposes, and the whole levy 

-14 



218 SCHOOL LAWS AND DECISIONS. 

is for more than two per cent., it is necessary to make a 
division in the levy so that it will show so much for edu- 
cational and so much for building purposes. The money 
to pay the interest and the principal of bonds issued for 
building purposes may be raised under the authority to 
levy three per cent, for building purposes. 

2. Cert Meat e of Levy Essential. There must be a cer- 
tificate of levy to authorize a tax. In a sense, such certifi- 
cates are jurisdictional, and any tax extended for school 
purposes, when no such certificate has been returned by 
the directors as required by this section of the statute, is 
without authority of law and null and void. [Weber v. 
O. and M. Wy Co., 108 111., 451.] 

3. Amount of Levy. The power given for taxation is 
ample to produce all the money needed for school purposes 
in addition to the income of school funds and the state 
tax in all but a very few of the school districts of the 
state, and the manifest intention of the law is that the 
current business of the districts shall be done on a cash 
basis. Hence, when directors are making their levy, they 
should first ascertain what their unappropriated resources 
are and then make the levy large enough to pay all ex- 
penses, until February of the second year after the levy. 

204. Return of levy. § 3. It shall be the duty of 
the township treasurer to return the certificate mentioned 
in the foregoing section to the county clerk, on or before 
the second Monday of August, and whenever the bounda- 
ries of the districts of the township shall have been changed, 
the township treasurer shall return to the county clerk, 
with the certificates, a map of the township, showing such 
changes, and certified as required by the provisions of 
this act. 

Maps, etc. It is essential that the county clerk have 
correct maps of school districts in order that he may mark 
the district opposite each tract of land upon the collector's 
book and so inform the collector to what district the tax 
funds belong. If all maps of changes made have already 
been filed as required by 86, then the treasurer need not 
send in a new map with the certificates of levy; but if he 
has neglected his duty in this regard, he must not fail to 
send in an accurate map with them. 



SCHOOL LAWS AND DECISIONS. 219 

206. District in two or more counties. § 4. When 
a district lies partly in two or more counties, the directors 
shall determine and certify the amount to be levied on the 
taxable property lying in each county, and return the same 
to the township treasurer, who receives the tax money of 
such district, and who shall return them to the respective 
county clerks, as hereinbefore provided; Provided, that, in 
order "to determine the amount to be levied on the taxable 
property of that part of the district lying in each county, 
the directors shall ascertain from the county clerks of the 
respective counties in which such district lies, the last ascer- 
tained equalized value of the taxable property of such 
district, lying in their respective counties, and "then shall 
ascertain the rate per cent, required, and shall apportion 
the whole amount to be raised between the several parts 
of the district so lying in different counties accordingly. 

Levy when District is in two Counties. This provision of 
the law showing how the school tax must be divided 
between the parts of a district lying in two counties, must 
be followed implicitly. It is not permissible for directors 
to divide it upon any other basis. 

206. Tax extended on real estate. § 5. According 
to the amount certified, as aforesaid, the county clerk, 
when making out the tax books for the collector, shall 
compute each taxable person's tax, in said district, upon 
the total amount of taxable property, as equalized by the 
state board of equalization for that year, lying and being 
in said district, whether belonging to residents or non- 
residents, and also each and every tract of land assessed 
by the assessor, which lies, or the largest part of which 
lies, in said district. The said county clerk shall cause 
each person's tax, so computed, to be set upon the tax 
book to be delivered to the collector for that year, in a 
separate column, against each tax payer's name or parcel 
of taxable property, as it appears in said collector's books, 
to be collected in the same manner and at the same time 
and by the same persons as state and county taxes are 
collected . 

207. District No. designated in assessment of per- 
sonal property. § 6. It shall be the duty of assessors, 
when making assessments of personal property, to desig- 
nate the number of the school district in which each per- 
son so assessed resides; which designation shall be made by 
writing the number of such district opposite each person's 
assessment of personal property, in a column provided for 
that purpose, in the assessment roll returned by the as- 
sessor to the county clerk. 



220 SCHOOL LAWS AND DECISIONS. 

Persona,! Property— Where Taxable under the School Law. 
While personal property generally follows the residence of 
the owner, and is there taxable, yet if permanently located 
elsewhere, it may, under the school law, be taxed where so 
located; and a party who complains of a school tax, as 
levied in a certain district, must show that the property 
was not taxable in such district. [Mills v. Thornton, 26 
III, 300; King y. McDrew, 31 111., 418; First Nafl B'k of 
Mendota v. Smith, 65 111., 44.] 

208. Tax extended on personal property. § 7. It 
shall be the duty of the county clerk to copy said numbers 
of school districts, so returned by the assessor, into the 
collector's book and to extend the school tax on each per- 
son's assessment of personal property, according to the 
rate required by the amount designated by the directors 
of the school district in which such person resides. The 
computations of each person's tax and the levy made by 
the clerk, as aforesaid, shall be final and conclusive: Pro- 
vided, the rate shall be uniform and shall not exceed that 
required by the amount certified by the board of directors. 

Small Excess does not make Levy Void. A small excess 
in the amount of the tax extended over the amount levied 
does not make the tax void. [Thatcher y. The People, 79 
111., 597.] 

209. Certificate of amount due. § 8. ' The county 
clerk before delivering the tax book to the collector, shall 
make out and send by mail, to each township treasurer in 
the county, a certificate of the amount due each district or 
fraction of a district in his township, of said tax so levied 
and placed upon the tax books. 

Certificate of Amount due. The certificate of the amount 
due each district is needed by the township treasurer as a 
basis for settlement with the collector. He must also settle 
with the collector for each district, and must get the list 
of delinquent taxes so that he may have the data for a 
final settlement with the county treasurer. 

210. Collector to pay. § 9. On or before the first day 
of April next, after the delivery of the tax books contain- 
ing the computation and levy of the said taxes, or so soon 
thereafter as the township trea,surer shall present the said 
certificate of the amount of the said tax, and make a 
demand therefor, the said collector shall pay to said town- 
ship treasurer the full amount of said tax so certified by 



SCHOOL LAWS AND DECISIONS. 221 

the county clerk, or in case a.ny part thereof remains un- 
collected, said collector shall, in addition to the amount 
collected, deliver to said township treasurer a statement of 
the uncollected taxes for each district of such township, 
taking' of the township treasurer his receipt therefor, which 
receipt shall be evidence as well in favor of the collector as 
against the township treasurer. The said treasurer shall 
enter the amount collected in his books under the proper 
heads, and pay the same out as provided for by this act. 

1. Collector's Commission— Must pay Money. The col- 
lector is held to pay the "full amount" collected, when he 
pays the amount less the commissions which the law allows 
him. [People v. Wiltshire, 92 111., 260; Board v. Cain, 28 
W. Va., 760.] 

The collector must pay the treasurer money. [63, note 1.] 
But see last part of 149. 

2. Tax Funds go to Credit of Districts. The tax funds 
must be put to the credit of the proper districts as soon as 
received and held to be paid out as provided in 238. 

211. Funds of union districts. §10. When a dis- 
trict is composed of parts of two or more townships the 
directors shall determine and inform the collectors of said 
townships, and the collector or collectors of the county or 
counties in which said townships lie, in writing, under their 
hands as directors, which of the treasurers of the town- 
ships, from which their district is formed, shall demand and 
receive the tax money collected by said collectors as afore- 
said. 

See 146, fourth, and note (a). 

212. Collector liable. § 11. If any collector shall fail 
to pay the amount of said tax, or any part thereof, as 
required by the provisions of section nine (9) of this arti- 
cle, of this act, it shall be competent for the township 
treasurer, or other authorized person, to proceed against 
said collector and his securities in an action of debt upon 
his official bond, in any court of competent jurisdiction. 
And the said collector so in default shall pay twelve per 
centum upon the amount due, to be assessed as damages, 
which shall be included in the judgment rendered against 
him: Provided, no collector shall he liable for such part 
of said tax as he shall be able to make appear he could 
not have collected by law, until he has collected or may be 
able to so collect such amount. \ 



222 



SCHOOL LAWS AND DECISIONS. 



Suit ajgajinst Collector— Penalty. Suit to recover money 
'from the collector is properly brought upon his bond in 
the name of the people, and such suit may be brought 
without first presenting to the collector the county clerk's 
certificate of the amount due. [210.] The penalty may 
be collected from the collector and his sureties, if sued for, 
but not unless the certificate has been presented. [Tappan 
V. The People, 67 111., 339.] 

213. Assessors' books. § 12. It is hereby made the 
duty of the proper officers in preparing blank books and 
notices for the use of assessors to provide columns and 
blanks for the use of assessors, so that they may desig- 
nate the number of the school district, as provided for in 
section six (6) of this article of this act. 

214. Failure to file certificate. § 13. A failure by 
the directors to file their certificates, or of the township 
treasurer to return the same to the county clerk ia the 
time required by this act, shall not vitiate the assessment, 
but the same shall be as legal and valid as if completed in 
the time required by law. 

See § 191, Chap. 120, Rev. Statute of III, and Moore v. 
Fessenbeck, 88 111., p. 422. 



ARTICLE 9. 



BONDS. 



§ 1. Vote necessary to borrow money; 

limit of sum borrowed. 
§ 2. Eegistry of bonds. 
§ 3. Money paid into school treasury 

of township; cancellation of 

bonds. 



§4. 



Election for borrowing money; 

form of notice. 
Judges. 
Poll book returned; penalty for 

failure to return poll book. 
Eefunding school district bonds. 



215. Issuing bonds. Section 1. For the purpose of 
building school houses or purchasing school sites, or for 
repairing and improving the same, the directors of any 
school district, when authorized by a majority of all the 
votes cast at an election called for that purpose, may bor- 
row money, issuing bonds signed by not less than two 
members of said board of directors, in sums of not less 
than one hundred dollars ($100) and bearing interest at a 
rate not exceeding eight per centum per annum: Provided, 
that the sum borrowed in any one year shall not exceed 



SCHOOL LAWS AND DECISIONS. 223 

five per cent, (including existing indebtedness) of the taxa- 
ble property of the district, to be ascertained by the last 
assessment for state and county taxes previous 'to the in- 
curring of such indebtedness. 

1. Borrowing Money limited to Purposes named. Direct- 
ors are authorized to borrow money "for the purpose of 
building school houses, or purchasing school sites, or for 
repairing and improving the same." This enumeration of 
purposes for which money may be borrowed is a limitation 
upon the power of school boards. They cannot involve the 
districts in debt for any other purpose whatever, unless it 
be for teachers wages as provided in 200. For school 
boards have such powers as are given them by the statute 
and such others only as are necessary to carry into effect 
granted powers. [Clark v. Directors, 78 111., 474; Peers v. 
Board of Education, 72 111., 508.] 

2. A Vote to build and a Vote to borrow must precede 
Borrowing. But before directors may exercise this power 
to borrow money for building a school house (purchasing 
a house already built is held to be the same as building in 
The People v. Sisson, 98 111., 335), there must be (1) a vote 
to build a house, and (2) a vote to borrow money for 
such purpose. The propositions must be submitted as 
separate propositions, i. e., so that the people shall vote 
upon both; but thej may be both submitted at the same 
time. Should it happen, however, that when both were 
submitted at the same time, the proposition to build failed 
and the proposition to borrow money carried, the power 
to borrow could not be exercised, for there would be no 
existing purpose for which to borrow. 

3. Same in regard to a Site. So, too, if money is to be 
borrowed for the purchase of a site, there must be both a 
legal location of a particular site, or a vote to purchase 
one, which is the same thing, and a vote to borrow money 
for such purpose. [School Directors v. Taylor, 54 111., 289; 
Board of Education v. Taft, 7 111. App. (7 Brad.), 571.] 

4. Vote needed to authorize Enlarging the House — Re. 
pairs. If the improvement which the directors wish to 
make consists in enlarging the house, this is a question 
which must be submitted to a vote, for it is closely allied 



224 SCHOOL LAWS AND DECISIONSo 

to building, and it may well be that the people would pre- 
fer to rebuild the school house, or to build an additional 
house, rather than to enlarge the one they have. But if 
the directors wish to borrow money to make ordinary re- 
pairs and improvements to the building and grounds, the 
only question to be submitted is the question of borrowing 
money. 

5. Limitations of Indebtedness. Limiting the amount of 
indebtedness to five per cent, of the valuation of the tax- 
able property is in accordance with Sec. 12, Art. 9, Const. 
1870. [See page 11; People v: Hamill, 125 111., 600.] The 
same section limits the term of the bonds to twenty years. 
The limitation of taxation for paying off bonds is the 
same as the limitation of taxation for building purposes 
in 202. 

6. Bonds — Notes. Power to borrow money carries with 
it, at common law, the power to give evidence of the loan 
— usually carries with it the power to execute promissory 
notes and simple contracts incident to the loan. The words 
of the statute "to execute bonds" give further power, i. e,, 
to execute a bond, a paper under seal. Hence, if, pursuant 
to votes to build and to borrow money therefor, directors, 
issue notes or time orders bearing interest, such notes or 
orders are valid obligations of the district. [Folsom v. 
Directors, 91 111., 402.] 

7. Sinking Fund. A sinking fund may be created under 
the provisions of the act of May 28-July 1, 1881. [Sec- 
tions 36-38, Chap. 113, Rev. Stat.] 

216. Registry of bonds. § 2. All bonds authorized 
to be issued by virtue of the foregoing section before being 
so issued, negotiated and sold, shall be registered, num- 
bered and countersigned by the school treasurer of the 
township wherein the school house of such district is, or is 
to be located. Such register shall be made in a "bond 
register" book to be kept for that purpose; and in this- 
register shall first be entered the record of the election, 
authorizing the directors to borrow money, and then a. 
description of the bonds issued by virtue of such authority 
as to number, date, to whom issued, amount, rate of in- 
terest and when due. 

Bond Register. The bond register which must be kept by 
the treasurer should be a durable record. But he need not 



SCHOOL LAWS AND DECISIONS. 225 

g:et a separate book unless the township is large, and one 
in which there are likely to be frequent issues of bonds. 
In almost all townships it will be enough to set aside some 
pages in the book in which he keeps his accounts with dis- 
tricts, and rule them suitably for a register. 

In making up the record of the election at whinh it was 
voted to borrow money, he should include a copy of the 
notice, for that is an essential part of the record. 

217. Proceeds of bonds paid to treasurer. § 3. All 
moneys borrowed under the authority granted by this 
article of this act, shall be paid into the school treasury of 
the township wherein the bonds issued therefor are required 
to be registered; and upon receiving such moneys, the 
treasurer shall deliver the bond or bonds issued therefor to 
the parties entitled to receive the same; and shall credit 
the funds received to the district issuing the bonds. The 
treasurer of said township shall enter in the said "bond 
register" the exact amount received for each and every 
bond issued. And when any such bonds are paid, the said 
township treasurer shall cancel the same and shall enter in 
the said "bond register" against the record of such bonds, 

the words "paid and cancelled the day of , A. D. 

," filling the blanks with the day, month and year 

corresponding with the date of such payment. 

1. Money to go to Treasurer. The money received upon 
bonds must go to the township treasurer, since he is the 
only lawful depositary of all school funds. [63, note 1; 
Adams v. State, 82 111., 132.] 

2. Bonds may not to be sold below Par. The bonds may 
not be sold at less than par; and if they are sold below 
par, the directors are personally liable for the loss. [Ibid.'\ 

8. Bonds may be exchanged for a House. "The power 
given by the statute to borrow money for the purpose of 
building school houses or purchasing school sites, em- 
braces, no doubt, the power to purchase a school site 
having already a school house thereon." [People v. Sis- 
son, 98 111., 335.] But too much must not be inferred from 
this last case cited; for a prudent business man would cer- 
tainly accept the decision of the supreme court of Nebraska. 
to the effect that bonds may be issued for money only. 



226 SCHOOL LAWS AND DECISIONS. 

not bargained away to contractors. [Sta^te v. School 
District, 16 Neb. 182.] 

4. Bonds may not be taken by Member of Board. A 
school director may not take bonds issued by the board 
of which lie is a member. [Hewett v. Board of Education, 
94 111., 528; Directors v. Miller, 54 111., 338; Sec. 42, 
note (/).] 

5. Bonds payable at Office of Treasurer. In the ab- 
sence of express statutory authority, school bonds and the' 
interest on them may not be made payable anywhere else 
than at the township treasury; or, if provision for their 
payment elsewhere be made, such provision is void. [People 
V. Tazewell County, 22 111., 147; City of Pekin v. Reynolds, 
31 in., 529; Sherlock v. Winnetka, 68 111., 530.] 

219. Election on issuing: bonds. § 4. Whenever it is 
desired to hold an election for the purpose of borrowing 
money, as provided for in this article of this act, the 
directors of the district in which such election is to be held 
shall give at least ten days' notice of the holding of such 
election, by posting notices in at least three of the most 
public places in such district. Such notices shall specify 
the place where such election is to be held, the time of 
opening and closing the polls, and the question or propo- 
sition to be voted upon. Which notice may be substan- 
tially in the following form, viz: , 

Notice of Election. 

Public notice is hereby given that on the day of , A. D. 

an election will be held at school district No in town- 
ship No range No of the principal meridian in 

county. IlHnois, for the pm-pose of voting '.For" or "Against" the proposition to 

issue the bonds of said school district No to the amount of 

doUars due (here insert the times of payment, giving the amount falling due each 
year, if the bonds mature at different dates), which bonds are to bear interest at 

the rate of per cent, per annum, payable annually. 

The polls of said election will be opened at o'clock M., and will re- 
main open until — o'clock — M. 

Dated this day of '. A. D 

A. B.) 

C. 'D.y Directors. 

E. F.j 

Form of Proposition to borrow Money— Notices. The 
directors may ask authority to borrow a certain amount, 
and in such case the power, if given, would be limited to 
the amount named. But if the propositiou is simply "to 
borrow money" for the purposes named, then a favorable 



SCHOOL LAWS AND DECISIONS. 227 

vote gives the directors power to borrow up to the limit 
named in the statute. [The People y. ^isson, 98 111., 335.] 

In any case, the notices and the ballots must correspond, 
and a majority of the ballots cast upon a proposition 
submitted is necessary to authorize the directors to act. 

For instance, if the notice submits the proposition of 
borrowing' three thousand dollars, and ten ballots read 
^'For borrowing three thousand dollars," and fifteen, "For 
borrowing two thousand dollars," it can not be held that 
authority has been given to borrow the smaller sum, for that 
was not the proposition submitted; and yet the fifteen votes 
were, in effect; against borrowing three thousand dollars, 
and so the proposition submitted was beaten. If a vote 
be not taken upon a proper notice, the directors get no 
power therefrom; and an issue of bonds based upon such 
a vote would not be a valid claim against the district in 
whose behalf they were issued. [Thatcher y. People, 93 111., 
240; Thatcher v. People, 98 111., 632.] 

219. Conduct of election. § 5. At such election two 
of the directors of such district shall act as judges and one 
of said directors shall act as clerk. In case either or any 
of said directors shall fail, from any cause, to be present 
or to act at such election, at the time of opening the polls 
thereof, the legal voters assembled shall choose, from their 
number, persons to act as such two judges and a clerk of 
said election. The said judges and the said clerk shall 
take and subscribe the oath required of judges and clerks 
of an election held for state or county officers, and such 
oath may be administered in the same manner as is or 
may be provided by law for administering the oath to 
judges and clerks at a state or county election. At such 
election all votes shall be by ballot. In districts which 
have adopted the provisions of "An act regulating the 
holding of elections, and declaring the result thereof in 
cities, villages and incorporated towns in this state," ap- 
proved June 19, 1885, the said election shall be held under 
the provision of said act. 

220. Return. § 6. Within ten days after every such elec- 
tion the judges shall cause the poll-book to be returned to 
the township treasurer, who is required to register such 
bonds, with a certificate thereon showing the result of such 
election, which poll-book shall be filed and safely kept by 
the said township treasurer, and shall be evidence of such 



228 SCHOOL LAWS AND DECISIONS. 

election. For a failure to return such poll-book to such 
treasurer within the time prescribed, the judges of said 
election shall severally be liable to a penalty of not less 
than twenty-five dollars (|25) nor more than one hundred 
dollars (|100), to be recovered in a suit in the name of 
the People of the State of Ilhnois, before any justice of the 
peace, and, when collected, shall be added to the township 
school fund of the township in which said treasurer resides. 

221. Refunding" bonds. § 7. In all cases where any 
school district has heretofore issued or may hereafter issue 
bonds, or other evidences of indebtedness, for money on 
account of any public school building, or other public im- 
provement, or for any other purposes which are now bind- 
ing and subsisting legal obligations against said school 
district, and remaining outstanding, and which are properly 
authorized by law, the proper authorities of such school 
district may, upon the surrender of any such bonds or 
other evidences of indebtedness, or any number thereof^ 
issue in place or in lieu thereof, or to take up the same, 
to the holders or owners of the same, or to other persons 
for money with which to take up the same, new bonds or 
other evidences of indebtedness, in such form, for such 
amount, upon such time, not exceeding the term of twenty 
(20) years, and drawing such rate of interest not exceed- 
ing eight (8) per centum per annum, as may be determined 
upon; and such new bonds or other evidences of indebted- 
ness so issued shall show, on their face, that they are issued 
under this act; Provided, that the issue of such new bonds 
in lieu of such indebtedness shall first be authorized by a 
vote of the legal voters of such school district voting at 
an election called and conducted as other elections pro- 
vided for by this article of this act; And provided further, 
that such bonds or other evidences of indebtedness shall 
not be issued so as to increase the aggregate indebtedness 
of such school district beyond five (5) per centum on the 
value of the taxable property therein, to be ascertained by 
the last assessment for state and county taxes, prior to 
the issuing of such bonds or other evidences of indebted- 
ness. 

Refunding Bonds with Registration with State Auditor. 
School bonds may be refunded, with registration with the 
auditor of public accounts, under the act of Feb. 16, 1865, 
as amended by the act approved and in force April 27, 
1877, and further amended by the acts of May 28-July 1, 
1879, and June 4-July 1, 1879. iSections 1-11, Chap. 



SCHOOL LAWS AND DECISIONS. 



229 



113, Rev. Stat. 111.'] Nothing is gained by this registration 
unless it is proposed to sell the bonds at a distance, on 
the market. School boards thinking of registering refund- 
ing bonds should correspond with the auditor of public ac- 
counts. 



AETICLE 10. 



COUNTY CLERK. 



To furnish to county superintend- 
ent a list of trustees elected. 

To file papers relating to changes 
in district boundaries; penalty 
for failure to do so. 

To furnish certificate of eaualized 
value of taxable property in case 
of district in two counties. 

To furnish certificate of equalized 
value of taxable property to any 
district. 



§7. 



To compute tax; to copy numbers 
of districts"; extend tax. and 
send certificate of amount due 
each district, etc. 

To certify to bills of counts^ super- 
intenden's, and transmit them 
to state auditor. 

To record land vales reported by 
county superintendent. 



222. To furnish list of trustees elect. Section 1. In 
all cases where by any provisions of laws, the returns of. 
any election for school trustees are made to the county 
i;lerk of any county, it shall be the duty of the county 
clerk, within ten days after such returns have been made 
to him, as aforesaid, to furnish to the county superintend- 
ent of schools a list of all such trustees so returned to him, 
and the township from which the same have been so re- 
turned. 

223. To file map, etc. § 2. Whenever any change shall 
be made in the boundaries of any school district, and a 
written statement or record of such change shall be de- 
livered to the county clerk of such county, it shall be the 
duty of said county clerk to file such statement or record, 
and all papers relating thereto, and duly record the same 
in the records of his office; and in case of a neglect or fail- 
ure so to do, the said county clerk shall be liable to a 
penalty of twenty-five dollars ($25), to be recovered by an 
action of debt before any justice of the peace, at the suit 
of the county superintendent, for the benefit of the school 
fund of the said county. 

224. To furnish certificate of valuation of district 
in two counties. § 3. AVhenever any school district hes 
partly in two or more counties, it shall be the duty of the 
county clerk of each county in which any part of such dis- 
trict hes, to furnish, upon request, to the directors of such 
district a certificate showing the last ascertained equalized 
value of the taxable property in that part of such district 
lying in county. 



230 SCHOOL LAWS AND DECISIONS. 

226. To furnish certificate of valuation. § 4. It 

shall be the duty of the county clerk to furnish to the 
directors of any school district, or to the board of educa- 
tion in districts having a board of education, upon request 
a certificate showing the last ascertained equalized value 
of the taxable property of such district, as the same ap- 
pears of record in his office. 

226. To compute and extend tax. § 5. It shall be 
the duty of the county clerk, when making out the tax 
books for the collector, to compute each taxable person's 
tax in each school district upon the total amount of tax- 
able property, as equalized by the state board of equali- 
zation for that year, lying and being in such district, 
whether belonging to residents or non-residents, and also 
each and every tract of land assessed by the assessor which 
lies, or the largest part of which lies, in such district. 
Such computation shall be made so as to realize the amount 
of money required to be raised in such district, as shown 
and set forth in the certificate of tax levy, made out by 
the directors of such district, and filed with the township 
treasurer, as required by the provisions of this act. The 
said county clerk shall cause each person's tax, so com- 
puted, to be set upon the tax book, to be dehvered to the 
collector for that year, in a separate column against each 
tax payer's name, or parcel of taxable property, as it ap- 
pears in said collector's books, to be collected in the same 
manner and at the time, and by the same person as state and 
county taxes are collected. In making up the tax books to 
be delivered to the collectors of taxes, the county clerk shall 
copy into such tax books the number of the school district 
set opposite to each person's assessment of personal property 
by the assessor making the assessment of such person, and to 
extend the school tax on each person's assessment of per- 
sonal property, according to the rate required by the amount 
designated by the directors of the school district in which 
such person resides, as shown by said certificate of tax 
levy. The computation of each person's tax and the levy 
made by the clerk, as aforesaid, shall be final and con- 
clusive: Provided, that the rate shall be uniform, and shall 
not exceed that required by the amount certified by the 
board of directors. The said county clerk, before deliyer- 
ing the tax-book to the collector, shall make out and send 
by mail to each township treasurer of the county a certif- 
icate of the amount due each district, or fraction of a 
district in his township, of said tax so levied and placed 
upon the tax books. 

227. To certify county superintendent's bill to 
auditor. § 6. Whenever a county board of any county 



SCHOOL LAWS AND DECISIONS. 231 

shall have audited the itemized bills of the county superin- 
tendent of schools or their assistants, as required by the 
provisions of this act, it shall be the duty of the county 
clerk of such county to certity to such act, and transmit 
the said bills to the auditor of public accounts, who shall, 
upon receipt of them, remit, in payment thereof to each 
superintendent,, his warrant upon the state treasurer for 
the amount certified to be due him; and the auditor, in 
making- his warrant to any county for the amount due 
from the state school fund, shall deduct from it the several 
amounts for which warrants have been issued to the county 
superintendent of said county since the next preceding ap- 
portionment of the state school fund. 

228. To record county superintendent's reports. 
§ 7. The county clerk of each county shall preserve and 
Tecord in a well-bound book to be kept for that purpose, 
the report of the county superintendent, made to the county 
board, at the first regular term of such board in each year, 
relating to the sale of school lands, the amount of money 
received, paid, loaned out and on hand, belonging to each 
township fund in his control, and the statement copied 
from the loan book of such county superintendent, show- 
ing all the facts in regard to loans, which are required to 
be stated on the loan book. 



AKTICLE 11. 



COUNTY BOARD. 

§ 1. Powers of the county board de- I § 3. Statement of land sales by tbe 

fined. county board. 

§ 2. Duties of the county board defined. | 

229. Official powers. Section 1. The county board 
of each county of this state shall have power — 

First — To approve the bond of the county superintendent 
of schools. 

Second— T\iQ increase the penalty of the bond of the 
county superintendent of schools beyond twelve thousand 
dollars (|12,000) if, in the discretion of said county board, 
such bond should be so increased. 

Third— To remove the county superintendent of schools 
from office for any palpable violation of law or omission of 
duty. 

Fourth — To require the county superintendent of schools, 
after notice given, to execute a new bond, conditioned and 
approved as the first bond, whenever in the discretion oi 



232 SCHOOL LAWS AND DECISIONS. 

the county board such new bond is necessary: Provided, 
however, that the execution of such new bond shall not 
affect the old bond or the liability of the security thereof. 

Fifth — To require the county superintendent of schools to 
make the reports to' such board provided for by law, and 
to remove him from office in case of neglect or refusal so 
to do. 

Sixth — In counties having not more than one hundred 
(100) schools the boa,rd may limit the time of the superin- 
tendent of schools: Provided, that in the counties having 
not more than fifty (50) schools the limit of time shall not 
be less than one hundred and fifty (150) days a year; in 
counties having from fifty-one (51) to seventy -five (75) 
schools, not less than two hundred (200) days a year; 
and in counties having from seventy-six (76) to one hun- 
dred (100) schools, not less than two hundred and fifty 
(250) days. 

Seventh — Said county board shall authorize the county 
superintendent of schools to employ such assistants as he 
needs for the full discharge of his duties, and said county 
board shall fix the compensation to be paid therefor, which 
compensation shall be paid out of the county treasury. 

230. Official duties. § 2. It shall be the duty of the 
county board of each county of this state— 

First — To provide for the county superintendent of schools 
a suitable office with necessary furniture and office sup- 
plies, as is done in the case of other county officers. 

Second— SR\xen the office of county superintendent of 
schools shall become vacant by death, resignation, removal 
or otherwise, to fill the same by appointment. And the 
person so appointed shall hold his office until the next 
election of county officers, at which election the said board 
shall order the election of a successor. 

Third— To examine and approve or reject the report of 
the county superintendent of schools, made to such board, 
and the notes and securities taken by such superintendent 
for school funds. 

Fourth — At the regular meeting in September, and as near 
quarterly thereafter, as such board may have regular or 
special meetings, to audit the itemized bills of the county 
superintendent, and of his assistants, for their per diem 
compensation and expenses allowed by law for visiting 
schools. 

Power of the County Board. In relation to the distribut- 
able fund, the power of the county board in the premises 
is, solely, to examine the account and certify as to its ac- 
curacy. The law directs how the fund shall be managed 



SCHOOL LAWS AND DECISIONS. 233 

and what disposition shall be made of it; and as to these 
matters the county board may not control the discretion 
of the county superintendent. If he violates the law, the 
board may remove him; if the fund suffers loss, the board 
may hold him on his bond; but within the limitations im- 
posed by the law, the county superintendent acts independ- 
ently of the county board. He has the same freedom of 
■action in regard to the county fund and the institute fund, 
and in regard to plans and methods in the performance of 
his official duties and the division of his time among them. 
But the expenses to be paid under 12 must be authorized 
by the county board, and the board must audit and ap- 
prove them. If the county superintendent incurs such ex- 
penses without authority, and the board disapproves, he 
will have them to pay himself. 

Harmony of action between the county board and county 
superintendent will be promoted, if each will keep within 
the limits imposed by the law and yield to the other his 
full rights. It should be added that the purpose of requir- 
iug these reports is that the interests of the public may be 
guarded, and in order that that end may be attained, the 
reports should all be made up with fullness of detail and 
with accuracy. All public business should be done in a 
methodical way and with such care and fidelity as to wel- 
come scrutiny and defy suspicion. 

231. To examine county superintendent's report— 
Xiiability. § 3. At the first regular term of the county 
board, in each year, the county superintendent shall pre- 
sent to the county board of his county — 

First — A statement showing the sales of school lands 
made subsequent to the first regular term of the previous 
year, which shall be a true copy of the sale book (book B). 

>Secoz2c7— Statements of the amount of money received, 
paid, loaned out and in hand, belonging to each township 
■or fund under his control, the statement of each fund to 
be separate. 

Ti2ird— Statements copied from his loan book (book C), 
showing all the facts in regard to loans which are required 
to be stated on the loan book. 

All of which the county board shall thereupon examine 
and compare with the vouchers, and the said county board, 
or so many of them as may be present at the meeting of 
—15 



234 



SCHOOL LAWS AND DECISIONS. 



the board, shall be liable individually to the fund injured 
and to the securities of the county superintendent, in case 
judgment be recovered of the said securities, for all damages 
occasioned by a neglect of the duties or any of them, re- 
quired of said board by this section: Provided, nothing 
herein contained shall be construed to exempt the securities 
of said county superintendent from any liability as such 
securities, but they shall still be liable to the fund injured 
the same as if the members of the county board were not 
liable to them for neglect of their duty. 



AETICLE 12. 



SCHOOL FUNDS. 



§1. 



To consist of a two mill tax; inter- 
est of school fund proper, and 
of surplus revenue. 

State to pay interest. 

Dividend to counties made by state 
auditor. 

Warrants issued by state auditor, 
and received from the collectors 
by state treasurers. 

County superintendent to proceed 
against collector on his refusal 
to pay. 



§ 6. Proceeds of the sale of sixteenth 
section, etc., constitute principal 
of township fund, etc.; interest 
distributed. 

§ 7. Moneys paid out upon orders. 

§ 8. Form of orders; filing of orders. 

§ 9. Union districts; receipts to be- 
taken. 

§ 10. Loans in districts under a special 
charter. 



232. Distributable school fund. Section 1. The 
common school fund of this state shall consist of the pro- 
ceeds of a two mill tax to be levied upon each dollar's 
valuation of the property in the state, annually, until 
otherwise provided by law; the interest on what is known 
as the school fund proper, being three per cent, upon the 
proceeds of the sales of the public lands in the state, one- 
sixth part excepted, and the interest on what is known as 
the surplus revenue, distributed by act of congress and 
made a part of the common school fund by act of the 
legislature, March 4, 1837. 

State Tax for School Purposes. In section one of an act 
to provide the necessary revenue for state purposes, ap- 
proved May 3, 1872, it was provided that there should be 
levied "for state school purposes, to be designated state 
school fund (in lieu of the two-mill tax therefor) |1, 000,000 
annually." By the twenty-third clause of this act making 
appropriations the same year for the expense of the state 
government, this amount was appropriated to the coun- 
ties from the state school fund, and the auditor was author- 



SCHOOL LAWS AND DECISIONS, 235 

ized to "issue his warrant, on the proper evidence that the 
amount distributed had been paid to the county school 
superintendents." Substantially the same course has been 
taken by the subsequent general assemblies. 

233. Rate of interest. § 2. The state shall pay the 
interest mentioned in the preceding section at the rate of six 
per cent, per annum, annually, to be paid into, and be- 
come a part of said school fund. 

State indebted to the School Funds. The state has bor- 
rowed and used the school fund proper with the surplus 
revenue fund added to it, as above, the college fund, and 
the seminary fund. The aggregate of these funds is about 
eleven hundred and sixty-five thousand dollars. Of the in- 
terest a little more than fifty-six thousand dollars goes to 
the common school fund. About thirteen thousand dollars 
goes to the two state normal schools, which share it equally. 

234. Apportionment by auditor— Warrants. § 3. 
On the first Monday in January in each and every year 
next after taking the censes of the state, by federal or state 
authority, the auditor of public accounts shall ascertain 
the number of children in each county in the state, under 
twenty-one years of age, and shall thereupon make a divi- 
dend to each county of the sum from the tax levied and 
collected under the provisions of the first section of this 
article of this act, and of the interest due on the school 
fund proper and surplus revenue, in proportion to the 
number of children in each county under the age aforesaid, 
and issue his warrant to the superintendent of schools of 
each county upon the collector thereof. Upon presentation 
of said warrant by the county superintendent to the col- 
lector of his county, said collector or the treasurer shall 
pay over to the county superintendent the amount of said 
warrant out of the first funds which may be collected by 
him and not otherwise appropriated by law, taking said 
superintendent's receipt therefor. 

Apportionment by State Auditor on U. S. Census. Inas- 
much as there has been no census taken by state authority 
since 1865, the apportionment by the auditor has been 
made upon the TJ. S. census. 

235. Warrants received by treasurer. § 4. The said 
warrants issued by the auditor of public accounts for the 
school fund tax. and for the interest of the school fund 
proper and surplus revenue, shall be received by the state 
treasurer in payment of amounts due to the state from 



236 SCHOOL LAWS AND DECISIONS, 

county collectors; and on presentation by the state treas- 
urer of said warrants to said auditor, he shall issue his 
warrant to said treasurer on the school fund, for the 
amount of the school fund tax warrants, and on the reve- 
nue fund for the amount of the warrants for interest on 
the school fund proper and surplus revenue. Dividends 
shall be made as aforesaid, according to the proportions 
ascertained to be due to each county annually, thereafter, 
until another census shall have been taken, and then divi- 
dends shall be made and continued as aforesaid, according 
to the last census. 

236. Failure of collector to pay warrants. § 5. If 
any collector shall fail or refuse to pay the amount of the 
aforesaid auditor's warrant, or any part thereof, by the 
first day of March annually, or as soon thereafter as it 
may be presented, it shall be competent for the county 
superintendent to proceed against said collector and his 
securities in an action of debt, in any court having compe- 
tent jurisdiction, and the said collector shall pay interest 
at the rate of twelve per centum per annum, to be assessed 
as damages, upon the amount due, and which interest shall 
be included in the judgment obtained against him: Pro- 
vided, that if it satisfactorily appears to the court that on 
said first day of March, or on the day of presentation for 
payment thereafter, that said collector had not, as yet, 
collected funds sufficient to pay said warrant, said interest 
shall not be allowed upon said warrant. 

County Superintendent entitled to Full Amount of Audi- 
tor's Warrants. The warrants issued by the auditor of 
public accounts to county superintendents of schools, upon 
county collectors, both those for the school tax fund and 
for the interest on the school fund, must in all cases be 
paid in tuU by said collectors. No deduction can be made 
for commissions. Those warrants are issued simply as a 
matter of convenience, to save the trouble of paying the 
money into the state treasury and then paying it out 
again to the county superintendents of schools. Collectors 
take receipts of county superintendents for the full amount 
of the warrants paid, and on settlement with the auditor 
they are credited with the full amount specified in said re- 
ceipts, the same as if the money had been actually paid 
into the treasury. County superintendents have nothing 
whatever to do with the commissions of collectors; said 
commissions are allowed and paid by the auditor on final 



SCHOOL LAWS AND DECISIONS. 237 

settlement of collectors with the state; and if any collector 
withholds any part of the sum specified in the warrants, 
on account of commissions, or on any other account, after 
the amount of said warrants is collected and payable, it is 
the duty of the superintendent to proceed against said col- 
lector and his securities, in an action of debt, in the county 
court, which has full and complete jurisdiction in the 
premises. And the collector must pay, as penal damages, 
twelve per centum upon the amount due and in default. 

237. Principal of township fund— Interest— Addi- 
tions to principal. § 6. All bonds, notes, mortgages, 
moneys and effects which have heretofore accrued or may 
hereafter accrue from the sale of the sixteenth section of the 
common school lands of any township or county, or from the 
sale of any real estate or other property taken on any judg- 
ment or for any debt due to the principal of any township 
or county fund, and all other funds of every description 
which have been or may hereafter be carried to and made 
part of the principal of any township or county fund, by 
any law which has heretofore been, is now or may hereafter 
be enacted, are hereby declared to be and shall forever con- 
stitute the principal of the township or county fund, re- 
spectively; and no part thereof shall ever be distributed or 
expended for a.ny purpose whatever, but the same shall be 
loaned out and held to use, rent or profit, as provided by 
law. But the interest, rents, issues and profits, arising and 
accruing from the principal of said township or county 
fund, shall be distributed in the manner and at the times 
as provided by this act; nor shall any part of such inter- 
est, rents, issues and profits be carried to the principal of 
the respective funds, except [if] it appear on the firtst Monday 
in October in any year, that there is rent, interest or other 
funds on hand which are not required for distribution, such 
amount not required as aforesaid, may, if the board of 
trustees see proper, forever be considered as principal in 
the fund to which it belongs and loaned as such. 

1. Sixteenth Section, or Township Fund. The act passed 
by Congress April 18, 1818, enabhng the people of the 
Territory of Illinois to form a constitution and a state 
government, contained this with other propositions: "The 
section numbered sixteen in every township, and when such 
section has been sold or otherwise disposed of, other lands 
equivalent thereto, and a.s contiguous as may be, shall be 



^k 



238 SCHOOL LAWS AND DECISIONS. 

granted to the state, for the use of the inhabitants of such 
township, for the use of schools." 

The constitutional convention, assembled pursuant to this 
act, accepted these propositions with the conditions at- 
tached, bj an ordinance passed August 26, 1818. 

Through these acts the state acquired full title to these 
lands as a purchaser, subject, however, morally, to the 
provision that the lands were granted "for the use of 
schools." [Bradley v. Case, 3 Scammon, 585.] 

A formal declaration, like that in the section under con- 
sideration, does not appear in the statutes until the law 
of 1855, but the ownership of the state and the rights of 
the townships had been fully recognized from the first in 
the legislatures of the state. 

See, also, the provisions of the present constitution and 
the comments thereon, page 9. 

2. County Fund. The county funds were created by the 
act of February 7, 1835. They are managed by the county 
superintendent. [27] . 

3. Income, how disposed of. The income of the town- 
ship fund goes into the distributable fund held by the treas- 
urer and is distributed by the trustees. [65 and 100]. 

The income of the county fund is distributed by the 
county superintendent according to the provisions of 26 
and 27. 

4. Additions to Township Funds. On this subject see 
111, note 3. 

238. District funds paid out. § 7. School funds col- 
lected from special taxes, levied by order of school directors 
or from the sale of property belonging to any district, 
shall be paid out only on the order of the proper board 
of directors; and all other moneys or school funds liable 
to distribution, paid into the township treasury, or com- 
ing into the hands of the township treasurer, shall, after 
said funds have been apportioned by the township trustees 
as required in section 26, of article 3, of this act, be 
paid out only on the order of the proper board of directors, 
signed by the president and clerk of said board or by a 
majority of said board. For all payments made, receipts 
shall be taken and filed by said board of directors. 

1. District Funds Subject to order of District Board 
only. District funds may be paid out by the treasurer 



SCHOOL LAWS AND DECISIONS. 239 

holding tliem upon a proper order of the school board of 
the district, signed by two of its members. [Langdale y. 
People, 100 111., 263.] But in case a new district is formed, 
any adjustment of funds between the old district and the 
new may be made by the trustees and the treasurer with- 
out an order from the school board. [93, note 7.] 

Also, when pupils are transferred from one district to 
another in the same township, the treasurer upon receiving 
the separate schedules can make the necessary transfer of 
funds from one district to the other without an order by 
the directors. [165, note 2.] 

One director may not sign an order for another; it is a 
power which may not be delegated. [Glidden v. Hopkins, 
47 111., 525.] 

A subsequent board of directors cannot ratify an illegal 
act of their predecessors. The acts of each board must 
stand by themselves. An order void in its inception can- 
not be made valid by the act of any succeeding board, or 
by the promise of any official to pay it. [Ibid.'] 

2. As a general rule, township treasurers must pay all 
orders regularly drawn and expressing upon their face for 
what purpose they were drawn; and for paying such orders 
they incur no responsibility; the orders being in themselves 
good prima facie authority for such payment. But' an 
order in favor of a member of the board of directors [143, 
notes'], unless for the clerk's services, is presumptively 
illegal; an order to a teacher who has no certificate must 
not be paid [189]; and any order which the directors for- 
bid him to pay, or about which he has or obtains such 
information as leads him to think it of doubtful legality, 
he should investigate with care; and if he find it fraudulent 
or invalid for any cause, he should refuse to pay it. 

239. Form of order— Receipt. § 8. In all such orders 
shall be stated the purpose for which or on what account 
drawn. Said orders may be in the following form, viz: 

The treasurer of township No range No in county. wiU pay to 

or order dollars and cents (on his contract for repairing school 

house, or whatever the ea?e may be.) 

By order of the board of directors of school district No in said town- 
ship. 

A B , President. 

C D , Glerk. 



240 SCHOOL LAWS AND DECISIONS, 

Which order, together with the receipt of the person to 
whom paid, shall be filed in the office of the township 
treasurer; Provided, that when an order is paid in full, 
such order, if properly endorsed by the person in whose 
favor it was drawn, and his assigns, if any, shall be a 
sufficient receipt for the purposes of this section. 

1. Orders. A school order must express upon its face 
the purpose for which it is issued. If it does not, it is 
void. [Glidden v. Hopkins, 47 111., 525.] 

School orders should be drawn neither payable on time 
nor with interest; i. e., they should be payable at sight 
and should contain no stipulations about interest. {^Clark 
V. Directors, 78 Ifi., 474.] 

The teacher's order for wages is not an exception to this 
rule. As issued by the directors, it should be payable at 
sight and should be draAvn without interest. It may draw 
interest by reason of non-payment and endorsement of the 
treasurer, but not otherwise. 

The treasurer has no power to make any other order 
than a teacher's order for wages draw interest. 

The only legal order, payable on time and with interest 
would be one issued for building purposes pursuant to a 
vote and in a place of a bond. [Folsom v. Directors, 91 
111.,^ 402.] 

2'. Assignment. A school order may pass by indorse- 
ment so as to vest title in the assignee and authorize him 
to institute suit thereon in his own name. But there is a 
wide difference between the rights of the assignee of such 
an order and the rights of the assignee of a promisory 
note or bill of exchange before maturity. He must, at his 
peril, ascertain what defences can be interposed against its 
collection. [Newell v. Directors, 68 111., 514.] 

3. Acceptances. A school board has no power to make- 
acceptances of orders so as to bind the school district and 
create a right of action against it. [Peers v. Board ot 
Education, 72 111., 508.] 

240. Union district. § 9. When a district is composed 
of parts of two or more townships, the township treasurer or 
treasurers Avho do not receive the tax money of said district,, 
shall, when they hold any funds belonging to said district^ 
notify the directors thereof of the amount of such funds; 



SCHOOL LAWS AND DECISIONS. 



241 



and the directors shall thereupon give the treasurer who 
receives the tax money of said district, an order for such 
funds, and upon receipt thereof, he shall hold them, to be 
paid out as aforesaid. 

Funds of Union Districts. By 146, fourth, it is made the 
duty of the directors of a union district to order in writing* 
the collectors of taxes to pay the moneys they collect for 
the district to one of the treasurers. In furtherance of the 
same purpose power is granted to the directors of a 
union district to transfer funds from one treasurer to 
another. 

S41. Funds of special districts. § 10. In all cases 
where school funds are held by any person or persons in 
an official capacity, by virtue of any special charter defin- 
ing the manner of loaning the same, such money may be 
loaned upon the same terms and conditions as are pro- 
vided by this act, or may hereafter be provided, by the 
school laws of this State, for loaning the school funds of 
counties or townships. 



AETICLE 13. 



SCHOOL LANDS. 



§ 9 
§ 10 
§U 
§ 12 
§13, 



§15 



Section sixteen. 

Business relating to school land; 

where transacted. 
Eentingand sale of school lands. 
Bight of way and depot grounds 

for use of railroads. 
Trespass on school land; penalty 
Trespasser liable to indictmnt. 
Penalties and fines to be paid to 

township treasurer. 
Petition for sale. 
Fractional townships. 
Divided into lots by trustees. 
Making of a plat. 
Size of lots, roads and streets. 
Valuation; plats and certificate 

given to county superintendent. 
Advertising the sale; form of 

notice. 
Place of sale. 



§ 16. Terms of sale; amount of bid 
borrowed. 

§ 17. Manner of sale. 

§ 18. Payment; land resold; suit in- 
stituted. 

§ 19. Unsold land afterward subject ta 
sale. 

§ 20. Ee- valuation of unsold lands; no 
petition required. 

§ 21. Certificate of purchase. 

§ 22. statement of sales by county 
superintendent. 

§ 23. Transcript sent to auditor. 

§ 24. Patents; certificates of sale; evi- 
dence of sale. 

§ 25. Duplicates of certificates of pur- 
chase. 

§ 26, Heal estate taken for debt, sold 
by county superintendent. 

§ 27, Trustees may dedicate land for 
streets. 



242. Common school lands. Section 1, Section num- 
ber sixteen (16) in every township granted to the state by 
the United States for the use of schools, and such sections 
and parts of sections as have been or may be granted, as 
aforesaid, in lieu of all or yjart of section number sixteen 
(16), and also the lands which have been or may be selected 
and granted as aforesaid, for the use of schools, to the in- 



242 SCHOOL LAWS AND DECISIONS. 

habitants of fractional townships in which there is no sec- 
tion number sixteen (16), or where such section shall not 
contain the proper proportion for the use of schools in such 
fractional townships, shall be held as common school lands; 
and the provisions of this act referring to common school 
lands shall be deemed to apply to the lands aforesaid. 

Common School Lands. See 237, note, for some account 
of these lands. These lands, with the exception of a few 
acres, were sold years ago, and the sections of the law re- 
lating to them and their sale will be passed with but few 
comments. 

243. Business transacted. § 2. All the business of 
such townships so far as relates to common school lands 
shall be transacted in that county which contains all or a 
greater portion of said lands. 

244. Trustees may lease. § 3. It shall be lawful for 
the trustees Of schools in townships in which section num- 
ber sixteen (16), or any other lands granted in lieu thereof, 
remain unsold or which has title to any other school lands 
whatsoever, to rent or lease the same for an annual rent 
to be paid in money to the treasurer, by a written con- 
tract made by the president and clerk, under the direction 
of the boa,rd, with the lessee or lessees, which contract shall 
be filed with the records of the board, and a copy of the 
same transmitted to the county superintendent. In case 
of any default in the payment of the rent, the said board 
of trustees shall at once proceed to collect the same by 
distress, or otherwise, as may be provided by la.w for the 
collection of rents by landlords. No lease taken under the 
provisions of this act, shall be for a longer period than 
five years, except where such lands are leased for the pur- 
pose of having permanent improvements made thereon, as 
may be the case in cities and villages; Provided, that the 
provisions of this section shall not apply to cities having 
a population of over one hundred thousand (100,000) in- 
habitants. 

245. May sell to railroad. § 4. The trustees of 
schools of any township concerned, are hereby authorized 
and empowered in their corporate capacity, to sell and 
convey to any railroad company which may construct a 
railroad across any of the public school lands of such 
township, the right of way and necessary depot grounds. 
All moneys received by such trustees for any right of way 
or depot grounds so sold, shall be turned over by such 
trustees to the township treasurer of the township for the 
benefit of the township school fund. 



SCHOOL LAAVS AND DECISIONS. 243 

246. Trespass. § 5. If any person shall, without being 
duly authorized, cut, fell, box, bore, destroy or carry away 
any tree, sapling- or log- standing or being upon any school 
lands, such person shall forfeit and pay, for every tree, 
sapling or log so felled, boxed, bored, destroyed or carried 
away, the sum of eight dollars (|8), which penalty shall 
be recovered Avith costs of suit, b^^ an action of debt or 
assumpsit, before any justice of the peace having jurisdic- 
tion of the amount claimed, or in the county or circuit 
court, either in the corporate name of the board of trust- 
ees of the township to which the land belongs, or by qui 
tarn action in the name of any person Avho will first sue 
for the same, one-half of the judgment for the use of the 
person suing and the other half for the use of the town- 
ship aforesaid. When two or more persons shall be con- 
cerned in the same trespass, they shall be jointly and sev- 
erally liable for the penalty herein imposed. 

247. Liability of trespasser. §6. Every trespasser 
upon common school lands, shall be liable to indictment, 
and upon conviction shall be fined in three times the 
amount of the injury occasioned by said trespass, and 
shall stand committed as in other cases of misdemeanor. 

248. Penalties. § 7. All penalties and fines collected 
under the provisions of the foregoing sections shall be 
paid to the township treasurer, and be added to the prin- 
cipal of the township fund. 

249. Petition for sale. § 8. When the inhabitants of 
any township or fractional township shall desire the sale 
of the common school lands of the township or fractional 
township, they shall present a petition to the county su- 
perintendent of the county in which the school lands of 
the township, or the greater part thereof, lie, for the sale 
thereof; which petition shall be signed by at least two- 
thirds of the legal voters of the township, or fractional 
township. The signing of the petition must be done in the 
presence of two adult citizens of the township, after the 
true meaning and purpose thereof have been explained; 
and, when signed, an affidavit must be affixed thereto by 
the two citizens witnessing the signing, in the manner 
aforesaid, Avhich affidavit shall state the number of inhabi- 
tants in the township, or fractional toAvnship, of and over 
twenty-one years of age; and said petition, so proved, 
shall be delivered to the county superintendent for his 
action thereon; Provided, no whole section shall be sold in 
an}^ township containing less than two hundred inhabi- 
tants; and common school lands in fractional townships 
may be sold when the number of inhabitants and the 



244 SCHOOL LAWS AND DECISIONS. 

number of acres are are in the ratio of two hundred to 
six hundred and forty, but not before. 

1. Sales of School Lands. The general assembly made 
provision for the sale of school lands in 1829, at the same 
time asking congress to grant the state power to make 
the sales. The power was not granted by congress until 
1843; but the general assembly passed a second act in 
1831, and the sales were begun in August of that year. 
Acts of congress of 1842 and 1843, ratified and confirmed 
sales already made. The supreme court also held that the 
legislature had power to order sales. [Bradley v. Case, 3 
Scammon, 585.] 

2. Division of a Township. If a part of a school town- 
ship is set off to another township by the legislature and 
no division of the township fund or of the school lands is 
provided for in the act, the original township will retain 
the whole of the sixteenth section or of the fund. [People 
V. Trustees, 86 111., 613.] 

250. Fractional township joined to adjacent town- 
ship. § 9. Any fractional township, not having the re- 
quisite number of inhabitants to petition for the sale of 
the school lands therein, as provided in section 8 of this 
article of this act, which has not heretofore been united 
with any other township, for school purposes, and which 
does not contain a sufficient number of inhabitants to 
maintain a free school, is hereby attached to the adjacent 
congressional township having the longest territorial line 
bordering on such fractional township, for school purposes; 
and all the provisions of this act shall apply to such united 
townships, the same as though they were one and the same 
township. 

251. Division of land. § 10. When the petition and 
affidavits are delivered to the county superintendent, as 
aforesaid, he shall notify the trustees of said township 
thereof, and said trustees shall immediately proceed to di- 
vide the land into tracts or lots, of such form and quan- 
tity as will produce the largest amount of money. 

252. Plat. § 11. After making the division required 
by the foregoing section, said trustees shall cause a cor- 
rect plat of the same to be made, representing all divis- 
ions, with each lot numbered and defined, so that its 
boundaries may be forever ascertained. 

253. Size of lots— Streets. § 12. In subdividing said 
common school lands for sale, no lot shall contain more 



SCHOOL LAWS AND DECISIONS. 245 

than 80 acres, and the division may be made into town 
or village lots, with roads, streets or alleys between them 
and through the same; and all such divisions, with all 
similar divisions hereafter made, are hereby declared legal, 
and all such roads, streets and alleys, public highways. 

254. Valuation, § 13. After such division into lots 
has been made and platted, the trustees of schools shall 
fix a value on each lot, having regard to the terms of 
sale, certify to the correctness of the plat, stating the 
value of each lot per acre, or per lot if less than one acre, 
and referring to and describing the lot in the certificate, so 
as fully and clearly to distinguish, and identify each lot; 
which plats and certificate shall be delivered to the county 
superintendent, and shall govern him in advertising and 
selling such lands. 

256. Advertisement. § 14. Upon the reception by 
the county superintendent of the plat and certificate of 
valuation from the trustees, he shall proceed to advertise 
the said land for sale in lots as divided and laid off by 
said trustees, by posting notices thereof in at least six (6) 
public places in the county, forty days before the day of 
sale, describing the land and stating the time, place and 
terms of sale; and if a,ny newspaper is published in said 
county, said advertisement shall be printed therein, for 
four weeks before the day of sale; if no newspaper is pub- 
lished in said county, then such land may be sold under 
the notice aforesaid, which notice may be in the following 
form, viz.: 

Sale of School Land. 
Public notice is hereby given that on the day of A. D. 

18 between the hours of ten o'clock a. m. and six o'clock p. m., the under- 
signed superintendent of schools of county, will sell at public vendue 

to the highest bidder, at the door of the court house, in (or 

on the premises,) the following: described real estate, the same being a part of 

the school lands of township No range No as divided and platted 

by the trustees of schools of said township, to-wit: (here insert full and com- 
plete description of said premises). Said lands will be sold for cash in hand with 
the privilege to any purchaser of borrowing from the undersigned, the whole or 
any part of the amount of his bid, for not less than one nor more than five 
years, upon his paying interest and giving security as reauired in case of a loan 
obtained from the township school fund. 

Dated this day of A. D 



County Superintendent County. 

256. Place of sale, § 15. The place of selling com- 
mon school lands shall be at the court house of the county 
in which the lands are situated; or the trustees of school's 
may direct the sale to be made on the premises. 

257. Terms. § 16. The terms of selling common 
school lands shall be to the highest bidder, for cash, with 
the privilege to each purchaser of borrowing from the 
county superintendent the amount or any part of the 
amount of his bid, for any period of not less than one 



246 SCHOOL LAWS AND DECISIONS. 

year nor more than five years, upon his paying interest 
and giving security, as in case of money loaned by a town- 
ship treasurer as provided in this act, 

268. Sale. § 17. Upon the day appointed for such 
sale, the county superintendent shall proceed to make sales 
as follows, viz: He shall begin at the lowest numbered 
lot and proceed regularly to the highest numbered, till all 
are sold or offered. No lot shall be sold for less than its 
valuation by the trustees. Said sale shall be made be- 
tween the hours of ten o'clock a. m. and six o'clock p. m., 
and may continue from day to day. The lots shall be 
cried separately, and each lot cried long enough to enable 
any person present to bid who desires to bid. 

269. Closing up sales— Delinquent purchaser. § 18. 
Upon closing the sales each day, the purchasers shall each 
pay, or secure the payment of the purchase money, accord- 
ing to the terms of sale; or in case of his failure to do so 
by ten o'clock the succeeding day, the lot purchased shall 
again be offered at public sale, on the same terms as be- 
fore, and if the valuation or more shall be bid, shall be 
stricken off; but if the valuation be not bid, the lot shall 
be set down as not sold. If the sale is or is not made, the 
former purchaser shall be required to pay the difference 
between his bid and the valuation of the lot; and in case 
of his failing to make such payment, the county superin- 
tendent may forthwith institute an action of debt or as- 
sumpsit in his name, as superintendent, for the use of the 
inhabitants of the township where the land lies, for the 
required sum; and upon making proof, shall be entitled to 
judgment, with costs of suit; which, when collected, shall 
be added to the principal of the township fund. If the 
sum claimed does not exceed two hundred dollars, the suit 
may be commenced before a justice of the peace; if the 
sum demanded exceeds two hundred dollars, then suit may 
be brought in the circuit court of any county wherein the 
party may be found. 

260. Private sale. § 19. All lands not sold at public 
sale, as herein provided for, shall be subject to sale at any 
time thereafter, at the valuation; and the county superin- 
tendents are authorized and required, when in their power, 
to sell all such lands at private sale, upon the terms at 
which they were offered at public sale. 

261. Revaluation. § 20, In all cases where common 
school lands have been heretofore valued, and have re- 
mained unsold for two years, after having been offered for 
sale, or soall hereafter remain unsold for that length of 
time, after being valued and offered for sale, in conformity 



SCHOOL LAWS AND DECISIONS. 247 

to this act, the trustees of schools where such lands are 
situated may vacate the valuation thereof, by an order to 
be entered in book A of the county superintendent, and 
cause a new valuation to be made, if, in their opinion, the 
interests of the township will be promoted thereby. They 
shall make said second valuation in the same manner as 
the first was made, and shall deliver to the county super- 
intendent a plat of such second valuation, with the order 
of vacation, to be entered as aforesaid, whereupon said 
county superintendent shall proceed to sell said lands in 
. all respects as if no former valuation had been made: Pro- 
vided, that the second valuation may be made by the 
trustees of schools, without petition, as provided in this 
act for the first valuation. 

263. Certificate of purchase. § 21. Upon the 
completion of every sale by the purchaser, the county 
superintendent shall enter the same in book B, and shall 
deliver to the purchaser a certificate of purchase, statinp^ 
therein the name and residence of the purchaser, describing 
the land and the price paid therefor; which certificate shall 
be evidence of the facts therein stated. 

263. Statement to county board. § 22. At the first 
regular term of the county board in each year the county 
superintendent shall present to the county board of his 
county: A statement showing the sales of school lands, 
made subsequent to the first regular term of the previous 
year, which shall be a true copy of the sale book (book B). 

264. To auditor. § 23. The county superintendent 
shall also at the time aforesaid transmit to the auditor of 
public accounts, a full and exact transcript from book B, 
of all the sales made subsequent to each report. The state- 

, ment required to be presented to the county board shall 
be preserved and copied by the clerk of said board into a 
well bound book kept for that purpose; and the hst trans- 
mitted to the auditor shall be filed, copied and preserved 
in like manner. 

265. Patents. § 24. Every purchaser of common school 
lands shall be entitled to a patent from the state, convey- 
ing and assuring the title. Patents shall be made out by 
the auditor, from returns made to him by the county 
superintendent. They shall contain a description of the 
land granted, and shall be in the name of and signed by 
the governor, countersigned by the auditor, with the great 
seal of the state aflBxed thereto by the secretary of state, 
and shall operate to vest in the purchaser a perfect title 



248 SCHOOL LAWS AND DECISIONS- 

in fee simple. When patents are executed as herein re- 
quired, the auditor shall note on the list of sales the date 
of each patent, in such manner as to f>6rpetuate the evi- 
dence of its date and delivery, and thereupon transmit the 
same to the county superintendent of the proper county, to 
be by him delivered to the patentee, his heirs or assigns 
upon the return of the original certificate of purchase, 
which certificate, when returned, shall be filed and preserved 
by the county superintendent; and all such patents, here- 
tofore or hereafter so issued, by the state for school lands, 
or duly certified copies thereof from any record legally 
made, shall after the lapse of ten years, from the date of 
such patent, and such sale having been acquiesced in for 
ten years by the inhabitants of the township in which the 
land so conveyed may be situated, be conclusive evidence 
as to the legality of the sale, and that the title to such 
land was, at the date of the patent, legally vested in the 
patentee. 

266. Duplicate patents. § 25. Purchasers of common 
school lands, and their heirs and assigns, may obtain 
duplicate copies of their certificates of purchase and patents, 
upon filing afiidavit with the county superintendent in re- 
spect to certificates, and with the auditor in respect to 
patents, proving the loss or destruction of the originals; 
and such copies shall have all the force and effect of origi- 
nals. 

Duplicate Copies of Patents. The term "duplicate," as 
here used, means "certified." The auditor is required to 
issue a certified copy of the patent as he may of any other 
paper shown in the files and records of his oflice. [Jackson 
V. Berner, 48 111., 203.] 

267. Sale of real estate taken on debt. §26. When 
,any real estate shall have been taken for any debts due to 

any school fund, the title to Avhich real estate has become 
vested in any county superintendent for the use of the in- 
habitants of one or more townships or of the county, the 
county superintendent may lease or sell such real estate 
for the benefit of said township or townships, or of the 
county, as provided for in section 37 of article 3 of this 
act, regulating the leasing and sales of land by school 
trustees: Provided, that in case the real estate be held for 
the benefit of any township or townships, it shall not be 
sold except upon the written request of the school trustees 
of said township or townships. The said county superin- 
tendent is hereby authorized to execute conveyances of such 
real estate to the purchasers when so sold. 



SCHOOL LAWS AND DECISIONS. 



249 



268. Opening highways— Railroads. § 27. The trust- 
ees of schools in any township are hereby authorized and 
empowered, in their corporate capacity, to lay out and 
dedicate to the public use, for street and hio-hway purposes, 
so much of the common school lands, which is unimproved 
or unoccupied with buildings, as may be necessary to open 
or extend any street or hig'hway which may be ordered 
opened or extended by the municipal authorities, which are 
by law empowered to open or extend streets or highways 
in the territory where said school lands are located: Pro- 
vided, that said trustees of schools shall be of the opinion 
that the benefits to accrue from the opening or extending 
of said street or highway, to the remainder of said com- 
mon school lands, will compensate for the strip so dedi- 
cated: And, provided, further, that it shall not be lawful 
for any street or other railroad to lay down railroad tracks 
on any strip of the common school land so dedicated, or 
use the same or any part of the common school lands for 
railroad or street railroad purposes, except upon the pur- 
chase or lease of the same from the proper authorities, or 
upon the payment to the school fund of said township of 
the value of such use or land laken, the same as if no street 
or highwaj^ had been laid out thereon, to be determined 
by proceedings under an act entitled, "An act to provide 
for the exercise of the right of eminent domain," approved 
April 10, 1872, and all amendments thereto: And, pro- 
vided, farther, that this section shall not in any way affect 
existing leases or contracts for the lease or purchase of 
common school lands. 



ARTICLE 14. 



FINES AND FOEFEITUEES. 



§ 6. Power of the county court to 
examine records of delinquent 
officers; penalty for failure to 
furnish papers, etc. 



§ 1. Paid to county superintendent. 
§ 2. Duties of state's attorneys. 
§ 3. Du ies of justices of the peace. 
J 4. Eeport of fines; aflfidavit; penalty 

for failure to report. 
§ 5. Penalty for failure to pay over 

fines collected. 

269. Fines, etc., paid to county superintendent. 

Section 1. All fines, penalties and forfeitures imposed or 
incurred in and of the courts of record, or before any jus- 
tice of the peace of this state, except fines, forfeitures and 
penalties incurred or imposed in incorporated towns or 
■cities for the violation of the by-laws or ordinances thereof, 
—16 



250 SCHOOL LAWS AND DECISIONS. 

shall, when collected, be paid to the county superintendent 
of schools of the county wherein such fines, penalties or 
forfeitures have been imposed or incurred, and the said 
county superintendent of schools shall give his receipt 
therefor to the person from whom such fine, forfeiture or 
penalty was received. The said county superintendent shall 
annually distribute such fines, penalties or forfeitures in the 
same manner as the common school funds of the state are 
distributed. 

270. State's attorneys to enforce collection. § 2. It 
shall be the duty of the state's attorneys of the several 
counties to enforce the collection of all fines, forfeitures and 
penalties imposed or incurred in the courts of record of 
their respective counties, and to pay the same over to the 
county superintendent of the county wherein the same have 
been imposed or incurred, retaining therefrom the fees and 
commissions allowed them by law. 

Fines and Forfeitures. It is the duty of state's attorneys 
to attend to the collection of all fines, forfeitures and penal- 
ties imposed in any court of record in their respective 
counties. 

It is the duty of the justices of the peace to collect all 
fines imposed by them. 

These officers and the clerks of courts of record must re- 
port annually, under oath, the amount of the fines, for- 
feitures and penalties imposed or incurred in their respec- 
tive courts, and the amount collected, giving each item 
separately. 

Clerks of courts of record are not made by law the col- 
lectors of fines, forfeitures and penalties; and if any such 
are paid them they should turn them over to the state's 
attorney, who is by law the collector. 

271. Duties of Justices. § 3. It shall be the duty 
of the justices of the peace to enforce the collection of all 
fines imposed by them, by any lawful meaus, and, when 
collected, the same shall be paid, by the justice collecting 
the same, to the county superintendent of the county in 
which the same was imposed. 

272. Reports. § 4. Clerks of courts of record, state's 
attorneys and all justices of the peace shall report, under 
oath,* to the county court of their respective counties, by 
the first of March, annually, the amount of such fines, 
penalties and forfeitures imposed or incurred in their res- 

* Form No. 55. 



SCHOOL LAWS AND DECISIONS. 251 

pective courts, and the amount of such fines, forfeitures 
and penalties collected by them, giving each item separately, 
and if any such officer has collected no such fines, penal- 
ties or forfeitures, he shall make affidavit to such fact; and 
file the same with the county superintendent. The judges 
of the county court shall inspect the said reports, and 
may hear evidence thereon, and, if founi correct and truth- 
ful, shall enter an order approving such report, and that 
any moneys in the hands of such officers so reporting shall 
be paid over to the superintendent of schools. If the court 
shall not approve of such report he may order a new one 
to be made, and, upon a failure to comply Avith the order 
of the court or to make a satisfactory report, the court 
may state an account and enter an order to pay over as 
above provided. The court, for all purposes for carrying 
out the provisions of this section, shall have power to ex- 
amine books and papers, as provided hereinafter in section 
6 of this article, and shall have power to issue subpoenas 
for both books and persons; Provided, that no report shall 
be approved until the court shall have given the superin- 
tendent five (5) days' notice of the same, and he shall be 
allowed to inspect said report, and he shall be heard by 
the court upon the same if he desire; and the officers 
charged with the collection thereof (the said clerk, state's 
attorneys and justices of tiie peace), for a failure to make 
such a report, shall be liable to a fine of twenty-five dol- 
lars (|25) for each offense, said fine to be recovered in a 
civil action, before any court, at the suit of the county 
superintendent of schools of the proper county. 

273. Penalties. § 5. For a failure to pay any fine, 
forfeiture or penalty, on demand, to the person who is by 
law authorized to receive the same, the officer or person 
having collected the same, or having the same in his pos- 
session or control, shall forfeit and pay double the amount 
of such fine, penalty or forfeiture as aforesaid to be re- 
covered before any court having jurisdiction thereof, in a 
qui tain action, one-half to be paid to the informer, and 
one-half to the school fund of the proper county. 

Penalties. There are two penalties in connection with 
this matter: One for a failure to report each fine, etc., 
which has been imposed or incurred or collected during the 
year; and the other for a failure to pay over, on demand, 
to the person entitled to receive it, the amount of such 
collections. The penalty in the first instance is twenty-five 
dollars; in the second double the amount illegally retained. 

274. County judge to examine. § 6. In case that 
any clerk of a court of record, state's attorney or justice 



252 



SCHOOL LAWS AND DECISIONS, 



of the peace shall fail to make the report provided for in 
section 4 of this article, the county court shall have power 
and it is hereby made the duty of the judge of said court, 
to examine all records pertaining to the office of such de- 
linquent officer, and enforce the payment of whatever sum 
may be found due the school fund from such delinquent 
officer. For the purpose of making such examination, the 
said county court shall have the right to call for any 
paper or papers, docket, fee-book, or other record belong- 
ing to the office of such delinquent officer; and in case such 
delinquent officer fails or refuses to furnish such paper, 
docket, fee-book, or other record, for the inspection or use 
of such county court, he shall forfeit, and paj' to the school 
fund, the sum of one hundred dollars ($100), to be re- 
covered in an action of debt or assumpsit, before any 
court of this state having jurisdiction of the actions of 
debt and assumpsit, and such penalty, when collected, shall 
be paid into the school fund of the proper county. 



AKTICLE 15. 



LIABILITY OF SCHOOL OFFICEES. 



§ 1. Of trustees for failm-e to take 
action regarding the insufficien- 
cy of tOAvnship securities. 

§ 2. Of judges of election for failure 
to deliver poll-book and certifl- 

§ 3. Of boards of directors for failure 

to deliver schedules. 
§ 4. Of Township treasurer for failure 



§ 5. Of 



TO poiform his duties. 

)f the bondsmen or legal repre- 



senta ives of township treasurer 
to turn over honds, etc., to suc- 
cessor. 

Liable to indictment and impris- 
onment for conversion of funds 



§ 7. Trustees Uable for securities of 
township treasurer; exception. 

§ 8. Eeal estate of school officers 
holden. 

§ 9. Failure of trustees to make re- 
turns of children. 

§ 10. Failure of school officers to fur- 
nish statistics. 

§ n. School officers responsible for 
loss of funds. 

§ 12. Forbidden to pervert funds to 
sectarian purposes. 

§ 13. Interes in sale of school books, 
etc., forbidden. 

§ 14. Penalty for excluding colored 
children from school. 



275. Trustees. Section 1. Whenever the county super- 
intendent of schools of any county shall notify the board 
of trustees of any township, in writing, that the notes, 
bonds, mortgages, or other evidences of indebtedness which 
have been taken officially by the township treasurer, are 
not in proper form, or that the securities which the said 
township treasurer has taken are insufficient, it shall be 
the duty of the said board of trustees at once to take such 
action as may be necessary to save and protect the prop- 
erty or funds of the districts and the township; and for a 
failure or refusal to take such action within twenty (20) 
days after such notice, the members of the board, each in 



SCHOOL LAWS AND DECISIONS. 253 

his iodividual capacity, shall be liable to a fine of not less 
than twenty-five (25) nor more than one hundred dollars 
(1100), to be recovered before any justice of the peace, on 
information, in the name of the People of the State of Illi- 
nois, (provided such insufficiency is proven,) and, when 
collected, the said fine shall be pkid to the county superin- 
tendent of the proper county, for the use of schools. And 
the payment of this fine shall not relieve the board of 
trustees from any civil liability they may have incurred 
from such neglect of duty. 

276. Judges of elections. § 2. If the judges of any 
school election called for any legal purpose shall fail or neg- 
lect to deliver a copy of the poll-book of any such election, 
with a certificate thereon showing the result of such elec- 
tion, to the officer provided by law to whom such return 
shall be made, within ten days after such election shall have 
been held, the said judges of election shall be severally 
liable to a penalty of not less than twenty-five dollars ($25) 
nor more than one hundred dollars (flOO), to be recovered 
in the nanae of the People of the State of Illinois, by an 
action of debt before any justice of the peace of the county; 
which penalty, when collected, shall be paid into the school 
fund of the township in which such election was held. 

277. Directors. § 3. It shall be the duty of the board 
of directors of every school district in this state, to deliver 
to the township treasurer all teachers' schedules made and 
certified as required by law, and covering all time taught 
during the school year ending June 30th, on or before the 
7th day of July, annually; and the directors shall be per- 
sonally liable to the district for any and all loss sustained 
by it through their failure to examine and deliver to the 
said township treasurer all such schedules within the said 
time. 

278. Treasurer— Release. § 4. For any failure or 
refusal to perform all the duties required of the town- 
ship treasurer by law, he shall be liable to the board 
of trustees, upon his official bond, for all damages sustained 
by reason of such failure or refusal, to be recovered by 
action of debt by said board, in their corporate name, for 
the use of the proper township, before any court having 
jurisdiction of the amount of damages claimed; but if the 
said treasurer, in any such failure or refusal, acted under 
and in conformity to a requisition or order of said board, 
or a majority of them, entered upon their journal and sub- 
scribed by their president and clerk, then, and in that case 
the members of said board aforesaid, or those of them 
voting for such requisition or order aforesaid, and not the 



254 SCHOOL LAWS AND DECISIONS. 

said township treasurer, shall be liable, jointly and sever- 
ally, to the inhabitants of the township for all such dam- 
ages, to be recovered by an action of assumpsit in a suit 
brought in the official name of the county superintendent 
of schools, for the use of the proper township; Provided, 
said treasurer shall be liable for any loss not collected by 
reason of the insolvency of said trustees. 

279. Treasurer, on resignation, etc. § 5. When a 
township treasurer shall resign or be removed, and at the 
expiration of his term of office, he shall pay over to his 
successor in office, when ayjpointed, all money on hand, 
and deliver over all books, notes, bonds, mortgages, and 
a;ll other securities for monej^, and all papers and docu- 
ments of every description in which the corporation has 
any interest whatever; and in case of the death of the 
township treasurer, his securities and legal representatives 
shall be bound to comply with the requisitions of this sec- 
tion so far as the said securities and legal representatives 
may have the power so to do. And for any failure to 
comply with the requisitions of this section, the persons 
neglecting . or refusing shall be liable to a penalty of not 
less than ten (10) nor more than one hundred dollars 
($100), at the discretion of the court before which judg- 
ment may by obtained, to be recovered in an action of 
debt before any justice of the peace, for the benefit of the 
school fund of such township; Provided, that the obtaining 
or payment of such judgment shall in no wise discharge 
or diminish the obligation of the persons signing the offi- 
cial bond of such township treasurer. 

280. Any school officer for conversion of funds. 
§ 6. If any (iountj^ superintendent, trustee of schools, 
township treasurer, director or any other person entrusted 
with the care, control, management or disposition of any 
school, college, seminary or township fund for the use of 
any county, township, district or school, shall convert such 
funds, or any part thereof, to his own use, he shall be 
liable to indictment, and upon conviction thereof, shall be 
fined in any sum not less than double the amount of money 
converted to his own use, and imprisoned in the county 
jail not less than one nor more than twelve months, at 
the discretion of the court. 

281. Trustees for insufficiency of treasurer's bond. 
§ 7. Trustees of schools shall be liable jointly and sever- 
ally, for the sufficiency of securities taken from township 
treasurers; and in case of judgment against any treasurer 
and his securities for or on account of any default of such 
treasurer on which the money shall not be made for want 
of sufficient property, whereon to levy execution, action on 



SCHOOL LAWS AND DECISIONS. 255 

the case may be maintained against said trustees, jointly 
and severally, and the amount not collected on said judg- 
ment shall be recovered with costs of suit from such trust- 
ees; Provided, that if said trustees can show, satisfactorily, 
that the security taken from the treasurer, as aforesaid, 
was at the time of said taking, good and sufficient, they 
shall not be liable as aforesaid. 

282. Lien on real estate of school officers. § 8. The 
real estate of county superintendents, of township treas- 
urers and all other school officers, and of the securities of 
each of them shall be bound for the satisfaction and pay- 
ment of all claims and demands against said superintend- 
ents and treasurers, and other school officers as such from 
the date of issuing process against them, in actions or 
suits brought to recover such claims or demands until 
satisfaction thereof be obtained; and no sale or alienation 
of real estate, by any superintendent, treasurer or other 
officer or security aforesaid, shall defeat the lien created 
by this section, but all and singular such real estate held, 
owned or claimed, as aforesaid, shall be liable to be sold 
in satisfaction of any judgment which may be obtained in 
such actions or suits. 

Real Estate of School Officers held. By this provision 
of the law it is made impossible for any school officer or 
his sureties to evade any liability to any school fund by 
disposing of his real estate after suit has been begun 
against him. The lien attaches, if judgment is rendered, 
from the date of issuing process. {^Snyder v. Spaulding, 
57 111., 480.] 

283. Trustees for failure to make returns— For 
false returns. § 9. Trustees of schools, or either of them, 
failing or refusing to make returns of children in their 
township according to the provisions of this act, or if 
either of them shall knowingly make a false return, the 
party so offending shall be liable to a penalty of not less 
than ten dollars ($10) nor more than one hundred dollars 
(|100), to be recovered by an action of assumpsit, before 
any justice of the peace of the county; which penalty, when 
collected, shall be added to the township school fund of 
the township in which said, trustees reside. 

284. Any officer for failure to return statistics — 
Por failure to perform duties. § 10. If any county su- 
perintendent, director or trustee, or either of them, or 
other officer whose duty it is, shall negligently or wilfully 
fail or refuse to make, furnish or communicate the statis- 
tics and information or shall fail to discharge the duties 



256 SCHOOL LAWS AND DECISIONS. 

enjoined upon them or either of them at the time and in ' 
the manner required by the provisions of this act, such 
delinquent or party offending, shall be liable to a fine of 
not less than twenty-five dollars (|25), to be recovered 
before any justice of the peace at the suit of any person, 
on information, in the name of the People of the State of 
Illinois, and when collected, the said fine shall be paid to 
the county superintendent of the proper county for th& 
use of the school fund. 

Penalty recovered on Information. In any suit to re- 
cover a fine imposed under the last part of this section, 
the "information" required need not be in writing, nor is 
it necessary that it should run in the name of the People 
of the State of Illinois. It is sufficient if the process which 
brings the defendant into court runs in the name of the 
People. The word "information," as used in this section, 
means "complaint." [Newton v. People, 72 111., 507.] 

286. Any school ofBicer for loss of funds. § 11. 
County superintendents, trustees of schools, directors and 
township treasurers, or either of them, or any other offi- 
cer having charge of school funds or property, shall be 
pecuniarily responsible for all losses sustained by any 
county, township or school fund, by reason of any failure 
on h s or their part to perform the duties required of him 
or them by the provisions of this act; or by any rule or 
regulation authorized to be made by the provisions of this 
act; and each and every one of the officers aforesaid shall 
be liable for any such loss sustained as aforesaid, and the 
amount of such loss may be recovered in a civil action 
brought in any court having jurisdiction thereof, at the 
suit of the State of Illinois, for the use of the county, town- 
ship or fund injured; the amount of the judgment obtained 
in such suit shall, when collected, be paid to the proper 
officer for the benefit of the said county, township or fund 
injured. 

Liability for Loss or Misuse of Funds. If school officers 
squander or misuse or lose school funds, this section affords 
a complete remedy at law against them. [Moore v. Fes- 
senbeck, 88 111., 422.] 

286. Funds may not be used for sectarian purposes. 
§ 12. No county, city, town, township, school district or 
other pubhc corporation shall ever make any appropria- 
tion, or pay from any school fund whatever, anything in 
aid of any church or sectarian purpose, or to help support 
or sustain any school, academy, seminary, college, uni- 



SCHOOL LAWS AND DECISIONS. 257 

Yersity or other literary or scientific institution controlled 
by any church or sectarian denomination whatever; nor 
shall any grant or donation of money, or other personal 
property, ever be made by any such corporation to any 
church or for any sectarian purpose; and any officer or 
other person having under his charge or direction school 
funds or property, who shall pervert the same in the man- 
ner forbidden in this section, shall be liable to indictment, 
and upon conviction thereof, shall be fined in a sum not 
less than double the value of the property so perverted, 
and imprisoned in the county jail not less than one (1) 
nor more than twelve (12) months, at the discretion of 
the court. 

Sectarian Approprmtions, etc. On this subiect, see Art. 
8, § 3, Const. 1870, p. 10; 147, (f), 1; 146, (c), 2. 

287. No school ofB.cer may be interested in sale of 
books, etc. § 13. No teacher, state, county, township or 
district school officer shall be interested in the sale, pro- 
ceeds or profits of any book, apparatus or furniture used, 
or to be used, in any school in this state, with which such 
officer or teacher may be connected; and for offending 
against the provisions of this section such teacher, state, 
county, tow^nship or district school officer shall be liable 
to indictment, and upon conviction shall be fined in a sum 
not less than tw^enty-five dollars (|25), nor more than five 
hundred dollars (|500), and may be imprisoned in the 
county jail not less than one (1) month, nor more than 
twelve (12) months, at the discretion of the court. 

School Officers prohibited from selling Books, etc. The 
township school treasurer is included in this prohibition, 
since he is a school officer. See, also. Art. 8, § 4, Const. 
111., 1870. 

288. Liability of any school offlcer for exclusion 
from a public school of any child on account of color. 
§ 14. Any school officer or officers, or any other person, 
who shair exclude or aid in the exclusion from the public 
schools, of any child who is entitled to to the benefits of 
such school, on account of such child's color, shall be fined, 
upon conviction, in any sum not less than five dollars (|5), 
nor more than one hundred dollars (f 100) each, for every 
such offense. 



258 SCHOOL LAWS AND DECISIONS. 

AETICLE 16. 

MISCELLANEOUS. 



1. Costs of suits not to be charged 

to school fund. 

2. Eligibility of women to school 

offices. 

3. Bonds of women holding school 

offices. 

4. ColoL-ed children may not be ex- 
cluded from school. 



5. Penalty for preventing children 
"ng school. 

6. Payment of funds to township 



from attending school 



ti easurer. 
7. Special acts not repealed; statis- 
tics to be reported by school 
officers. 



§ 8. Educational institutions to report 
to state superintendent. 

§ 9. Judgment and executions against 
boards of trustees and directors 

§ 10. No compensation allowed to 
trustees, directors, etc. ; exemp- 
tion from road labor, etc. 

§ 11. School officers to hold until their 
successors are aualffied. 

§ 12. Former acts repealed. 

§ 13. Emergency clause. 



289. Costs. Section 1. No justice of the peace, con- 
stable, clerk of any court, sheriff or coroner shall charge 
any costs in any suit where any school officer, school cor- 
poration or any agent of any school fund, suing for the 
recovery of the same, or any interest due thereon, is plain- 
tiff and shall be unsuccessful in such suit; nor where the 
costs can not be recovered from the defendant by reason 
of the insolvency of such defendant. 

1. Costs of Suit to recover School Fund. In suits brought 
for the recovery of any debt due the school fund, counsel 
may be employed when necessary, and a reasonable fee be 
allowed from the proper school fund. When such suits are 
unsuccessful no costs can be charged by any court before 
which the case is tried, nor by any constable, sherff, etc. 
The clause, being restrictive of the common rule in respect 
to costs, must be limited, in construction to the particular 
cases described. It is not meant to grant immunity from 
costs where suits are brought and judgments rendered 
against school officers or their agents, but only when actions 
are commenced by them, and are not successful. 

2. Suits against School officers personally. All suits 
brought against school directors, school trustees and other 
school officers individually, must be defended by such offi- 
cers at their own expense. Judgments and costs, if en- 
tered against school officers in such cases, must be paid by 
them. It would be a misappropriation of school funds to 
use them for such a purpose. 



SCHOOL LAWS AND DECISIONS. 259 

290. Women eligible to school oflELces. § 2. Any 

womaa, maiTied or single, of the age of twenty-one years 
and upwards, and possessing the qualifications prescribed 
for the office, shall be eligible to any office under the gen- 
eral or special school laws of this state. 

291. To give bonds, etc. § 3. Any woman elected or 
appointed to any office under the provisions of this act, ' 
before she enters upon the discharge of the duties of the 
office, shall qualify and give the bond required by law (if 
a bond is required) and such bond shall be binding upon 
her and her securities. 

292. Children not to be excluded from schools on 
account of their color. § 4. All boards of school direct- 
ors, boards of education, or school officers, whose duty it 
now is, or may be hereafter, to provide in their respective 
jurisdictions, schools for the education of all children be- 
tween the ages of six and twenty-one years, are prohibited 
from the excluding, directly or indirectly, any such child 
from such school on account of the color of such child. 

Rights of Colored Children. In a case which came before 
the supreme court before this section was added to the 
law it was held that: 

"The free schools of the state are public institutions, and 
in their management and control the law contemplates 
that they should be so managed that all children within 
the district between the ages of six and twenty-one years, 
regardless of race or color, shall have equal and the same 
right to participate in the benefits to be derived therefrom. 

"While the directors, very properly, have large and dis- 
cretionary powers in regard to the management and con- 
trol of schools, in order to increase their usefulness, they 
have no power to make class distinctions, neither can 
they discriminate between scholars on account of their color 
race or social position." 

And, after saying that in this case the sole object of the 
directors seems to have been to exclude the colored children 
from the benefits of free schools, and that the question of 
separate schools with equal facilities when there were white 
children enough for one school, and colored children enough 
for another was not passed upon, the court adds: 

"But the conduct of the directors in this case in the at- 
tempt to keep and maintain a school solely to instruct 
three or four colored children of the district, when they can 
be accommodated at the school house with the other 
scholars of the district, can only be regarded as a fraud 



260 SCHOOL LAWS AND DECISIONS. 

upon the tax-payers of the district, any one of whom has 
a right to interfere to prevent the public funds from bein^ 
squandered in such a reckless unauthorized manner." 
[Chase V. Stephenson, 71 111., 383.] 

In The People v. Board of Education, 101 111., 308, it 
appeared from the information that the board of education 
of the city of Quincy had divided the city into eight school 
districts, in each of which colored children resided; that 
under the rules adopted, these colored children were ex. 
eluded from the public schools in the district where they 
resided, and were required to attend a school composed 
exclusively of colored children, known as the Lincoln school, 
and that, under the operation of these rules, a colored 
child could not attend the school in the district where such 
child resided on account of its color, but was compelled to 
travel several miles, perhaps, to a distant part of the city 
to a colored school. Upon this state of facts the court 
held: 

"This is a direct violation of the statute, which says the 
board is prohibited from excluding directly or indirectly, 
any such child from such school on account of color. Un- 
der the rules no reason is assigned which prohibits a colored 
child from attending the school in the district where it re- 
sides, except on account of its color. 

"Whether our constitution, and the acts of the legisla- 
ture passed in pursuance of it which place all children, re- 
gardless of color, upon a perfect equality so far as admis- 
sion into the public schools is concerned, are to be regarded 
as wise or unwise legislation, is a matter with which courts 
have no concern. We are bound to declare the law as we 
find it written, and if it is not satifactory to any section 
of the state, the remedy is in the legislative department of 
the government, and there alone. 

"In conclusion, we are of opinion that the board of edu- 
cation of the city of Quincy had no authority to adopt 
and enforce the rules set out in the information." 

See also People v. Board of Education, 127 111., — . 

293. Penalty for preventing by menace, etc., any 
child from attending a public scliool. § 5. Any person 
who shall, by threats, menace or intimida.tion, prevent any 
child entitled to attend a public school in this state from 
attending such school shall, upon conviction, be fined in 
any sum not exceeding twenty-five dollars (|25.00). 



SCHOOL LAWS AND DECISIONS. 261 

294. Report of moneys paid to treasurer. § 6. It 

shall be the duty of the county treasurers, county super- 
intendents of schools, township collectors, and all other 
persons paying money into the hands of township school 
treasurers, for school purposes, on or before the 30th day 
of September of each year, to notify in writing the presi- 
dents of boards of school trustees, and the clerks of the 
boards of school directors, of the amount paid into the 
township treasurer's hands, and the date of payment. 

296. Special laws not changed. § 7. This act shall 
not be so construed as to repeal or change, in any respect 
any special acts in relation to schools in cities having less 
than one hundred thousand inhabitants, or incorporated 
towns, townships or districts, except that it shall be the 
duty of the several boards of education, or other officers 
of any city or incorporated town, township or district, 
having in charge schools under the provisions of any of 
said special acts, or of any ordinance of any city or incor- 
porated town, on or before the 15th day of July preceding 
each regular session of the general assembly of this state, 
or annually, if required so to do by the state superintend- 
ent of public instruction, to make out and render a state- 
ment of all such statistics, and other information in regard 
to schools and the enumeration of persons, as is required 
to be comunicated by township boa,rds of trustees or direct- 
ors, under the provisions of this act, or so much thereof 
as may be applicable to said city or incorporated town, 
to the county superintendent of the county where such city 
or incorporated town is situated, or of the county in which 
the larger part of such city or incorporated town is situ- 
ated; nor shall it be lawful for the county superintendent, 
or any other officer or person, to pay over any portion of 
the common school fund to any local treasurer, school 
agent, clerk, board of education, or other officer or person 
of any township, city or incorporated town, unless a report 
of the number of persons, and other statistics relative to 
schools, and a statement of such other information as is 
required by the board of trustees or directors, as aforesaid, 
and of other school officers and teachers, under the pro- 
visions of this act, shall have been filed at the time or 
times aforesaid, specified in this section, with the superin- 
tendent of the proper county, as aforesaid. 

1. Special School Laws in City Charters and in Separate 
Acts. When certain sections in a city charter make the 
Icity a school district and require the city officers to per- 
form certain duties in relation to schools, the district and 



262 SCHOOL LAWS AND DECISIONS. 

the officers are to be regarded as the agencies chosen by 
the state to provide a system of free schools, and there are, 
in fact, two separate and distinct corporations with differ- 
ent purposes and objects. The one has its existence and is 
hmited in the powers it may exercise by its charter proper; 
the other, by the school law. The laws on the subject of 
schools, whether in city charters, in amendments to char- 
ters or in separate acts not purporting to be a part of a 
charter, may be regarded as school laws — as part of the 
law intended to provide a system of free schools. [Speight 
V. People, 87 111., 595; Fuller v. Heath, 89 111., 296.] 

Two conclusions follow from the principles laid down by 
the supreme court in these cases: (1) When the same 
charter creates a municipal corporation and a school cor- 
poration, the organization of the municipal corporation 
under the general law in relation to cities operates as a 
repeal of the municipal charter proper, but does not modify 
or repeal the part of the charter relating to schools. [Fuller 
V. Heath, 89 111., 296.] 

2. Since the special school law constitutes a part of 
the law intended to provide a system of free schools, it 
and the general law must be construed together. The 
school board under the special law is still subject to the 
general law, except in so far as the provisions of the special 
are different from those of the general law. Thus, in Board 
of Education v. Arnold, 112 111., 11, the supreme court 
held that the school board of Galesburg, though given by 
its special law exclusive management and control of the 
schools of the district, inasmuch as it was not given power 
to examine teachers and grant them certificates, might 
lawfully employ such teachers only as held certificates 
granted under the general law. 

3. Special School Laws given up. By 171 a way is pro- 
vided by which a school organization under a special law 
may be abandoned and the district brought altogether 
under the general law; and the course there laid down is 
the only way provided by law for this purpose. It must 
be followed both when the schools are organized under a 
separate law and when they are under a law which stands 
on the statute book as a part of a city charter. 



SCHOOL LAWS AND DECISIONS. 263 

4. Special District may not be changed by School Trust- 
ees. When a district is established and its territory defined 
by an act of the legislature, unless it is so provided by the 
terms of the act, the trustees of schools may not change 

- the boundaries of such district. [Shaeferv. People, 20 111., 
App. (20 Brad.), 605.] 

5. Treasurer of Special District. When a special district 
has its own treasurer, according to its special law, he must, 
as a condition of receiving money from them, give the 
county superintendent or the township treasurer from whom 
he is to receive funds satisfactory evidence that he has been 
elected or appointed, a.nd has given bond as the special 
law requires. 

6. Residents of a Special District may not vote for 
Trustees. It is held that when a school district is created 
by a special act of the legislature, out of territory situated 
in one or more congressional townships, and a special 
school board is created, with corporate powers, the inhabi- 
tants of such special district can not vote at the regular 
township elections for township school trustees. The pri- 
vate law conferring corporate powers upon a portion of a 
township, negatives the right of the inhabitants to be re- 
garded as a part of the body politic of the school town- 
ship. In a similar case in the city of Galena, the court 
decided that the inhabitants had no right to vote for 
school purposes outside of the city limits. 

7. Tax Levy in Special Districts. Usually special school 
laws contain some provisions with regard to taxation for 
school purposes. These are modified by 202. See also, 
202, note 2. 

8. General Law regarding Special Districts. See 241, 
313-316. 

9. Reports of Special Districts. Whether a special district 
should report to the county superintendent or to the town- 
ship treasurer is usually determined by the special act under 
which it has been organized. If it reports as a district, to 
the treasurer, it should make its report on or before July 
7th [146, eleventh,'] ; but if it reports as a township, to 
the county superintendent, it should report on or before 
July 15th. [57.] 



264 SCHOOL LAWS AND DECISIONS. 

This is necessary in order that the reports of the trustees 
and the county superintendent may be made at the time 
named in the statute. If a special district reports to the 
county superintendent and yet receives funds from the 
trustees, it must give the trustees official notice every year 
that it has had a legal school, and state what number of 
persons under twenty-one years of age it has. 

296. Incorporated schools to report. § 8. It shall 
be the duty of the president, principal, or other proper 
officer of every organized university, college, seminary, 
academy, or other literary institution, heretofore incorpor- 
ated, or hereafter to be incorporated in this state, to make 
out, or cause to be made out and forwarded to the office 
of the state superintendent of public instruction, on or be- 
fore the first day of August in each year, a report setting 
forth the amount and estimated value of real estate owned 
by the corporation, the amount of other funds and endow- 
ments, and the yearly income from all sources; the number 
of instructors, the number of students in the different 
classes, the studies pursued and the books used; the course 
of instruction, the terms of tuition, and such other matters 
as may be specially requested by said superintendent, or as 
may be deemed proper by the president or principal of 
such instituton to enable the superintendent of public in- 
struction to lay before the legislature a fair and full ex- 
hibit of the affairs and conditions of said institutions, and 
of the educational resources of the state. 

297. Judgments how enforced. §9. If judgment shall 
be obtained against any township board of trustees or 
school directors, the party entitled to the benefit of such 
judgment may have execution therefor, as follows, to-wit: 
It shall be lawful for the court in which such judg- 
ment shall be obtained or to which such judgment 
may be removed by transcript or appeal from a justice of 
the peace, or other court, to issue thence a writ, command- 
ing the directors, trustees and treasurer of such township, 
to cause the amount thereof, with interest and costs, to be 
pai(f to the party entitled to the benefit of such judgment, 
out of any moneys unappropriated of said township or 
district, or if there be no such moneys, out of the first 
moneys applicable to the payment of the kind of services 
or indebtedness, for which such judgment shall be obtained, 
which shall be received for the use of such township or dis- 
trict, and to enforce obedience to such writ by attachment, 
or by mandamus, requiring such board to levy a tax for 
the payment of such judgment; and all legal processes, as 



SCHOOL LAWS AND DECISIONS. 265 

well as writs to enforce payment, shall be served either on 
the president or clerk of the board. 

1. Judgments, how satisfied. A general execution does 
not lie against a school board. {^Thomas v. Urbana Dis- 
trict, 71 111., 283; Watson v. Abry, 9 111. App. (9 Brad.), 
280.] 

When directors are sued, in their corporate name, and 
judgment is obtained against them, said judgment must be 
paid out of the funds belonging to the district; it can not 
be satisfied out of the unapportioned township funds. The 
«ame is true where a mandamus is issued, directed against 
the trustees, treasurer and directors, which is the usual 
form. It can not be supposed that a judgment against a 
single district should be satisfied out of funds not yet ap- 
portioned by the trustees to the several districts; this 
would make all the districts contribute to the payment of 
the debts of one. Every district is liable exclusively for its 
own debts. 

2. Moneys not to be diverted. Even in satisfaction of a 
judgment, moneys raised for a particular purpose may not 
be used for another purpose. [Pennington v. Coe, 57 111., 
118.] 

3. Mechanic's Lien — Garnishment. A mechanic's lien 
may not be taken against school property, nor may a 
school board or a school treasurer be garnisheed. IQuinn 
V. Allen, 85 111., S9;\Merwin v. Chicago, 45 111., 133; Bivens 
V. Harper, 59 111., 21.] 

4. Bonds on Appeals. School boards do not give bonds 
on appeals. [Holmes v. Mattoon, 111 111., 27.] 

5. Judgment fraudulently obtained. Persons accepting 
positions as members of a school board of directors or 
trustees, or other school offices, should not allow their pri- 
vate interest to conflict with public duty. Equity and good 
faith will require them to defend suits against their district 
or township and to protect its property, to the best of 
their skill and ability, regardless of any private interest 
they may have. A decree obtained against a school cor- 
poration by collusion with or neglect by its officers may 
be impeached for fraud. [Noble v. Directors, 117 111., 30; 
JVeF77v. Clifford, 55 Wis., 161.] 

-17 



266 SCHOOL LAWS AND DECISIONS. 

298. Compensation of trustees, directors, and mem- 
bers of boards of education. § 10. Trustees of schools, 
school directors, members of boards of education, or other 
school officers performino^ like duties, shall receive no pe- 

: cuniary compensation, but they shall be exempt from road 
labor and from military duty during their term of office. 

1. Compensation of Trustees and Directors. The law 
makes no provision for paying trustees and directors be- 
yond granting them exemptions from road labor and mili- 
tary duty. They may not, therefore, be paid for any offi- 
cial service; for a public officer can not be paid except as 
the law provides for any services required of and performed 
by him. [Bruner v. Madison County, 111 111., 11.] 

The only exception to this is, that the clerk of the board 
of directors may be paid for clerical services. [147, second.] 

2. Exemption. The phrase "or other school officers per- 
forming like duties" includes members of boards of educa- 
tion under special laws, but does not include school treas- 
urers; for their duties are not "similar to those of directors 
and trustees," and, besides, the statute gives them compen- 
sation. 

The exemption from "road labor" does not mean ex- 
emption from road tax. [McDonald v. Madison County, 
43 111., 22.] 

299. School of&cers no-w in ofla.ce to hold. §11. All 
school officers elected in pursuance of any general law now 
in force shall hold their respective offices until their suc- 
cessors are elected and qualified under the provisions of 
this act. 

300. Repealing clause. § 12. [Omitted.] 

301. Emergency clause. §13. [Omitted.] 
[Appeoved May 21, 1889.] 



ADDITIONAL ACTS PEKTAINING TO THE PUBLIC 
SCHOOLS AND TO SCHOOL OFFICERS. 

compulsory education. 



§ 1, The persons required to send 
children to school; age of com- 
pulsory attendance; penalty; ex- 
emptions. 

§ 2. Truant officer; duties and com- 
pensation. 



§ 3. Penalty for making a false state- 
ment as to the age of children. 
§ 4. Prosecutions; how carried on. 
§ 5. Jurisdiction. 
§ 6. Eepealing clause. 



SCHOOL LAWS AND DECISIONS. 207 

An Act Concerning the Education of Children. 

302. Children between 7 and 14— Penalty— Excep- 
tions. Section 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly: That every 
person having under his control a child between the ages 
of seven and fourteen years, shall annually cause such 
child to attend for at least sixteen weeks, at least eight 
weeks of which attendance shall be consecutive, some pub- 
lic day school in the city, town or district, in which he re- 
sides, which time shall commence with the beginning of 
the first term of the school year, or as soon thereafter as 
due notice shall be served upon the person having such 
control, of his duty under this act. For every neglect of 
such duty, the person offending shall forfeit, to the use of 
the public schools of such city or district, a sum not less 
than one nor more than twenty dollars, and shall stand 
committed until such fine and costs of suit are paid. But 
if the person so neglecting, shall show to the satisfaction 
of the board of education or of directors, that such child 
has attended for a like period of time, a private day school, 
approved by the board of education or directors of the 
city, town or district in which such child resides, or that 
instruction has otherwise been given for a like period of 
time to such child, in the branches commonly taught in 
the public school; or that such child has already acquired 
the branches of learning taught in the public schools, or 
that his physical or mental condition, as declared by a 
competent physician, is such as to render such attendance 
inexpedient and impracticable, then such penalty shall not 
be incurred. Such fine shall be paid, when collected, to 
the school treasurer of such city or township, to, be ac- 
counted for by him as other school money raised for school 
purposes. But no school shall be regarded as a school 
under this act unless there shall be taught therein in the 
English language, reading, writing, arithmetic, history of 
the United States and geography. 

303. Truant officers. § 2. It shall be the duty of the 
board of education in every city and the board of school 
directors in every school district, to appoint one or more 
truant officers, whose duty it shall be, carefully to enquire 
concerning a.11 supposed violations of this act, and to enter 
complaint against all persons who shall appear to be guilty 
of such violation. It shall also be the duty of said officer 
to arrest children of a school-going age, who habitually 
haunt public places, and have no lawful occupation, and 
also truant children who absent themselves from school 
without leave, and to place them in charge of the teacher 



268 SCHOOL LAWS AND DECISIONS. 

having charge of the public school which the said children 
are by law entitled to attend. And it shall be the duty of 
said teacher to assign said children to the proper classes, 
and to instruct them in such studies as they are fitted to 
pursue. Said truant officers shall have such compensation 
for services rendered, under this act, as shall be determined 
by the board of education or the board of directors ap- 
pointing such ofiicer, which compensation shall be paid 
from the distributable school fund. 

304. Penalty for evasion of la"w. § 3. Any person 
having control of a child, who with intent to evade the 
provisions of this act, shall make a willful false statement 
concerning the age of such child, or the time such child 
has attended school, shall, for such offense, forfeit a sum 
of not less than three dollars nor more than twenty dol- 
lars for the use of the public schools of such city or district. 

306. Prosecutions. § 4. Prosecutions under this act 
shall be instituted and carried on by the authorities of 
such boards, and be brought in the name of the People of 
the State of Illinois for the use of the school fund of said 
city or township. 

306. Police, courts etc., given jurisdiction. § 5. 
Police, municipal courts, justices of the peace and judges 
of the county court, shall have jurisdiction within their 
respective counties of the offenses described* in this act. 

307. Repeal. § 6. "An act to secure to all children 
the benefit of an elementary education," approved June 
23, 1883, in force July 1, 1883, is herebv repealed. 

[Approved May 24, 1889.] 

PHYSIOLOGY AND HYGIENE. 

An Act relating to the Study of Physiology and Hygiene 
in the Public Schools. 

308. Instruction in physiology and hygiene. Sec- 
tion 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the pro- 
per legal school authorities shall have power, and it shall 
be their duty, to have all pupils of suitable age in schools 
of Illinois, supported by pubhc money or under state con- 
trol, instructed in physiology and hygiene, with special 
reference to the effects of alcoholic beverages, stimulants 
and narcotics on the human system. 

309. Certificate. § 2. No certificate shall be granted 
to any person to teach in the public schools of Illinois, 
after July, 1890, who has not passed a satisfactory exam- 
ination in physiology and hygiene, with special reference 



SCHOOL LAWS AND DECISIONS. 269 

to the effects of alcoholic beverages, stimulants and nar- 
cotics on the human system. 
[Approved June 1, 1889. 

COMPENSATION OF JUDGES AND CLERKS OF ELECTION IN CER- 
TAIN CASES. 

An Act to provide for the Compensation of Judges and 
Clerks of Elections at Elections at which Trustees oi 
Schools and School Directors are elected under the Pro- 
visions of an Act entitled '^An Act to regulate the hold- 
ing of Elections and declaring the Result thereof in- Cities, 
Villages and incorporated Towns in this State,'' ap- 
proved June 19, 1885. 

310. Expenses of election of trustee. Section 1. Be 
it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That at all elections held 
under the provisions of an act entitled ''An act to regulate 
the holding of elections and declaring the result thereof in 
cities, villages and incorporated towns in this state," ap- 
proved June 19, 1885, and those amendatory and supple- 
mental thereto, at which any trustee of school may have 
been heretofore or shall hereafter be elected, the expenses 
of such election shall be paid out of the treasury of such 
city, village and incorporated town. 

311. Expenses of election of director. § 2. That all 
elections held under the provisions of said acts, at which 
a school director is elected, the expenses of such election 
shall be paid out of any funds belonging or appertaining 
to the district for which such director is elected. 

313. Levy for expenses. § 3. The corporate authori- 
ties of cities, villages, incorporated towns and school dis- 
tricts are hereby authorized and empowered to levy taxes 
for the purpose of paying such election expenses. 

[Approved June 3, '1889.] 

Application of Act limited. This act is of very limited 
application. Up to this time the act of June 19, 1885, 
concerning elections, has been adopted in East St. Louis, 
and Chicago, Judges of school elections held in all other 
places are not entitled under the law to any compensation 
for their service. 



270 SCHOOL LAWS AND DECISIONS. 

MEMBERS OF THE BOAED OF EDUCATION APPOINTED. 

An Act to provide for the Appointment of School Direct- 
ors and Members of the Board of Education, in certain 
Cases, approved May 29, 1879, in force July 1, 1879. 

313. Cases in which the law applies. Section 1. Be 
it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly: That in all cases whereby 
[where, by] the provisions of any general or special law 
of this state heretofore passed, the members of the com- 
mon council of any city have been made ex officio school 
directors, or members of the board of education in and 
for the school district of which the said city shall consti- 
tute the whole or a part, the said school directors or mem- 
bers of the board of the board of education shall hereafter 
be appointed as hereinafter provided. 

Correction — Statute applies when. The word "whereby" 
in this section is evidently wrongly written for "where, by." 

The law applied to every city in which the common coun- 
cil were, by reason of any special law, acting as the school 
board of the city. It was held also to apply to those 
cities in which, by virtue of a special law, the common 
council was given the control of the schools with authority 
to appoint a school board and determine its powers and 
duties by ordinance; since in such cases the common coun- 
cil could, by reducing the powers of the school board to a 
minimum, itself manage the schools, which would be con- 
trary to the intent of this law, the purpose of which was 
to withdraw the public schools from the control of city 
councils in all cases. 

314. Appointments made. § 2. It shall be the duty 
of the mayor of such city, at the first regular meeting of 
the city council after each annual municipal election, and 
after his installation into office, to nominate and place 
before the council, for confirmation as school directors or 
members of the board of education, as the case may be, 
one person from each ward of said city to serve for two 
years, and one person from the city at large to serve for 
one year, and if the persons so appointed shall be con- 
firmed by a majority vote of the city council, to be en- 
tered of record, the persons so appointed, together with 
such persons theretofore appointed under the provisions of 
the act, to which this is an amendment, whose terms of 
service shall not expire within one year, shall constitute 
the board of education or school directors for such district: 



SCHOOL LAWS AND DECISIONS. 271 

Provided, that the person appointed from the city at large 
for one year shall be president of said board of education 
or school directors, but shall have no vote in said board 
excepting in case of a tie; And provided farther, that the 
term of office of all persons heretofore appointed under the 
provisions of the act, to which this is an amendment, 
whose term of office expires Avithin one 3'ear, shall termi- 
nate at the first regular meeting of the city council after 
the annual meeting, and upon the appointment and con- 
firmation of their successors. [As amended by act ap- 
proved and in force May 28, 1889.] 

316. Organization. § 3. The said persons shall, as 
«oon as practicable after their appointment, organize by 
electing one of their number secretary, who shall hold his 
office for one year. All rights, powers and duties hereto- 
fore exercised by and devolved upon the members of the 
city council, as ex officio members of the board of educa- 
tion or school directors, shall devolve upon and be exer- 
cised by the members of the board of education and school 
-directors appointed under the provisions of this act. [As 
amended by act approved and in force May 28, 1889.] 

316. Tax levy. § 4. In all school districts to which 
iihis act shall apply, the boards of education or school di- 
rectors shall, annually, before the first day of August, 
certify to the city council, under the hands and seals of 
the president and secretary of the board, the amount of 
money required to be raised by taxation for school pur- 
poses in said district for the ensuing year, and the said 
city council shall thereupon cause the said amount to be 
levied and collected in the same manner now provided by 
law for the levy and collection of taxes for school purposes 
in such district, but the amount to be so levied and col- 
lected shall not exceed the amount now allowed to be col- 
lected for school purposes by the general school laws of 
this state; and when such taxes have been collected and 
paid over to the treasurer of such city or school district, 
as may be provided by the terms of the act under which 
such district has been organized, such funds shall be paid 
out only on the order of the board of education or the 
school directors, signed by the president and secretary of 
such board. 

[Approved May 29, 1879.] 



FORMS, CALENDAE AND TABLE OF CASES. 

FOKMS. 

Form 1. County Supeeintendbnt's Bond. [9.] 
Use always form in 9 of the school law. 

Form 2. Notice of Payment or Money to Township Tkeasueee. [19,] 

To the President of the Trustees of Township range 

I have this day of 18 paid your treasurer loo dollars, 

being the amount apportioned to your township by me. 



County Superintendent of Schools in County. 

Note. This form can be used to report payments by other officers, and also tO' 
make a report to clerks of school boards. 

Form 3. Eeceipt or County Supeeintendent. [26.] 

I.... ni., 18.... 

Eeceived of , county superintendent of county, the sum of 

100 dollars, being the amount apportioned for the year 18 to township 

No , range , in said county by said county superintendent. 

, Township Treasurer. 

Form 4. Note to County Supeeintendent. [27.] 
Use form No. 24, with needed changes. 

Form 5. Moetgage to County Supeeintendent. [27.] 
Use always, with necessary changes, form in 105, 

Form 6. Ceetificate op County Supeeintendent in Appeals. [28.] 

Office of the County Supeeintendent of Schools.. 

, III 18.... 

To Superintendent of Puhlic Instruction: 

SiE : There is transmitted herewith a statement of the case, and the documents- 
presented to me, in the controversy between and , together 

with my decision thereon, from which an appeal has been taken to you. 
I certify that the statement is full and correct. 



County Superintendent of Schools for County. 

Form 7. Notice of Election op Township Teustee. [37.] 
Use always form in 37. 

Note.— If more than one trustee is to be elected, consult 42, note 1, before- 
drawing the notice. 

Form 8. Poll Book; of Election op Township Teustee. [49.] 

Poll book of election held at in township range county of 

and State of Illinois, on Saturday, the day of 18 

I do solemnly swear (or affirm, as the case may be), that I will support th& 
Constitution of the United States, and the Constitution of the State of Illinois, and 
that I will faithfully discharge the duties of the office of judge of election (or 
clerk, as the case may be), according to the best of my ability. 
Subscribed and sworn to before me this day of , 18 



Note.— Each judge and the clerk must take the oath. [40jnoi!e.] 



Names of Voters. 



Form 9. Tally Sheet of Election of Township Teustee. [49.] 

TaUy Ust of an election held at in township .range , in 

the county of 111., for school trustee for said township, on the 

day of 18.... 



Names of persons voted for. 



Tallies. 



FORMS OF SCHOOL INSTRUMENTS. 273 

Form 10.— Return of Election op Township Trustee. [49.] 

At an election held at in township .range in 

the county of 111., on the day of , 18 the fol- 
lowing persons received the number of votes set opposite to their respective 
names, lor the ofifice of school trustee of said township : 



Names of persons voted for. 



Whole number of votes cast for each person. 



Certified by us. 

I Judges of Election, 



Attest, 

Clerk of Election. 



Form 11. Notice of Special Meeting of Trustees. [54.] 
To 

Sir: There will be a special meeting of the trustees of schools of township 

range , at on the day of , 18 ..... at the 

hour of o'clock M., to attend to the following business. 

[Here insert business to come up.] 
, III, 18.... 



Note.— The notice may be given by two trustees. 

Form 12. Notice of Sale for School Site. [61,] 
Use always form in 61. 

Form 13. Notice of Election for Township High School. [67.] 
Use always form in 67. 

Form 14. Petition by majority op legal voters of a district. [77.] 

We, the undersigned, being a majority of the legal voters in district No 

in township , range , in county, petition the trustees 

of schools of said township to divide said school district along a hne beginning 
[here give Une of division], making two districts thereof; and we declare that 
each of the new districts will have not less than ten families living in it. [Her© 
should follow names.] 

Note.— If the district runs into two townships, the petition must be addressed 
to both boards of trustees, and must be drawn and signed in dupUcate, so that 
it- may be presented to each board. 

With necessary changes to express the different purpose, this form may be 
used when a majority of the legal voters of a district wish to petition to have 
their district consolidated with another district; or to have a portion of their ter- 
ritory set off to another district; or to have a portion of their territory together 
with other territory made a new district. But the clause with regard to number 
of famiUes should not be retained except in the last case. 

This form can be used by the voters of two or more districts. In such case 
it should begin: "We, the undersigned, being a majority of the legal voters in 

each of these school districts, namely, district No in township 

range , and district No , in township range ," etc. 

Form 15. Petition by two-thirds of Legal Yoters for a New District. [77.] 

We, the undersigned, being two-thirds of the legal voters in the territory 

herein described, petition the trustees of schools of township , range 

, in county, to make a new school district of this territory, 

namely. [Here describe the territory.] And we declare that said district will not 
have less than ten families resident in it, and that no district from which the 
territory will be taken will be left with less than ten families. [Here should fol- 
low names.] 

Note.— If the districts affected by the proposed change do not all lie in the 
same township, then the petition must be addressed to the two, three or four 
boards, and two, three or four petitions, one for each board, must be drawn up 
and signed. 



274 FORMS OF SCHOOL INSTRUMENTS. 

Form 16. Petition of two-thikds of legal votees to have teeeitobt in 

WHICH THEY LIVE SET OFF FKOM ONE DISTEICT TO ANOTHBE. [77.] 

"We, the iindersigned, being two-thirds of the legal voters living in the terri- 
tory herein described, petition the trustees of schools of township .range 

in county to detach this territory, namely: [Here describe ter- 
ritory] from district No , township , range and add it to 

district No in township .range 

[Here should follow names.] 

Note.— The directions given in note to No. 15, must be followed here. 

Form 17. Notice of Petition to Disteicts Affectd. [79.] 
Use the form given in 79. and append to it a copy of the petition, including 
the names. 

Form 18. Ceetificate of Deliveet of Notice. [79.] 

To the Trustees of Schools of Township range in County. 

I hereby certify that on the day of 18 , I served 

president (or clerk) of the directors of school district No township 

range in county with a copy of a petition [here insert a descrip- 
tion of the petition sufficient to designate it clearly] and with the notice in re- 
gard to the same which is reauired by 79. 



Form 19. Notice of Appeal. [83.] 
Use always form in 83. 

Form 20. Notice of Election in a New Disteict. [88.] 
Use always form in 88. 

Form 21. Township Teeasxjeee's Bond. [99.] 

Use always the form given in 99. 

Note.— The treasurer's bond must be acknowleged by him and by each of his 
sureties before some officer authorized by law to take acknowledgments. Notaries 
pubUc and justices of the peace are so authorized. The bond should be acknowl- 
edged before approval by the trustees. The form of acknowledgment prescribed 
is as follows: 
State of I 

County of f 

I, hereby certify that who are 

personally known to me to be the same persons whose names are subscribed to 
the foregoing instrument, appeared before me this day in person and acknowl- 
edged that they signed, sealed and delivered said instrument as their free and 
voluntary act for the uses and purposes therein set forth. 

Given under my hand seal, this day of A. D 

Form 22. Eecoed of Notes. [100.] 
Use form given in 100. 

Form 23. Note to Teustees of Schools. [102.] 

111., 18.... 

$ 

after date, for value received, we jointly and severally promise to pay 

to the trustees of schools of township range in 

county, the sum of loo dollars and interest thereon, at the rate of per 

cent, per annum from date, payable annually. And we further agree to give any 
additional security which said trustees of schools may at anv time require; a id 
no extension of the time of payment, with or without our knowledge, by the re- 
ceipt of interest or otherwise, shall release us or either of us from the obhgation 
to pay this note. 



Form 24. IVIoetgage to Teustees of Schools. [105.] 
Use always form in 105. 

Form 25. Demand foe Additional Secueity. [107.] 

To 

Sie: By order of the trustees of schools of township range 

I hereby require you to give additional security for the money loaned you from 
the school fund of said township. 



.HL, 18... Township Treasurer, 



FORMS OF SCHOOL INSTRUMENTS. 275 

Form 26. Teeasukek's Semi-annual Exhibit to Dieectobs. [114.] 

Statement of the township treasurer of township range to 

the directors of district No in said townshii): 

[Here insert a statement of reci'ipts and expenditures in detail, for six months 
beginning with balance shown in last report and closing with balance on hand.] 

The foregoing is a full and true statement of the balances, receipts and ex- 
penditures of said district for the six months beginning 18 



18 — Township Treasurer. 

Subscribed and sworn to before me this day of 

A. D. 18.... 



Form 27. Notice of Funds to pay Oedee. [116.] 

To the (Jlerhof District No Tovm Range 

Notice is hereby given you that I have money on hand to the credit of your 

district with which to pay order No .issued to your teacher, for 

wages. 



Township Treasurer. 
.HI, .18.... 



Form 28. Teeasueee's Published Statement. [117.] 

Annual statement of the treasurer of township , range , for 

the year ending April 18. . . . 

[Here ii sert former balance, receipts, stating sources, and expenditures, 
stating purposes, and balance at date of report.] 

The foregoing statement of balances, receipts and expenditures of said school 
township for the year named, is full and true. 



Township Treasurer. 
Subscribed and sworn to before .this day of ,18.. 



Form 29, Notice of Disteict Election. [128.] 

Notice is hereby given, that Saturday, the day of 18.... 

an election will be held at in school district No township 

range county of ,and State of Illinois, for the purpose of electing 

school director for said district. The polls will be opened at 

o'clock M.. and close at o'clock IM., of the same day. 

Dated this day of 18.. 

> School Directors. 



Note. If more than one director is to be elected, consult 42, note 1, before 
drawing the notice. 

Notices of meetings to vote on various business questions may be in sub- 
stantially the same form, except that such meetings are not reauired to be held 
Saturday, but may be held on any other day of the week. The various Questions 
to be voted on should be clearly stated. The poll -book, tally list, and returns of 
district elections are substantially the same as of township elections, forms for 
which have already been given— Forms Nos. 8, 9 and 10. 

Form 30. Notice of Special Meeting- of Dieectoks. [138.] 
See form No. 11 for special meeting of trustees. 

Form 31. Conteact with Teaches. [146, 8th.] 

It is hereby agreed, between the school directors of district No , town- 
ship , range , county of and State of Illinois, and Gr. H., a 

auahfled teacher of said county, that the said G. H. is to teach the common 

school in said district for the term of months, beginning the 

day of 48 ; and that for such services property rendered the said 

directors shaU pay the said teacher loo dollars a month. 

A. B., ) Directors of said 
C. D.. y District. 

G. H.'. Teacher. 



276 FORMS OF SCHOOL INSTRUMENTS. 

Form 32. Oedees deawn against Uncollected Taxes. [149.} 

The treasurer of township , range in county, will 

pay 100 dollars to order of for out of the proceeds of 

the tax levied 18 

This order is issued and received in full discharge of the debt which it pur- 
ports to pay, and it is payable solely from the proceeds of said tax when col- 
lected. 

By order of the board of directors of district No in said township. 

A. B., President, 
C. D., Glerk. 
Note. This form can be varied if it be desired to draw against a special tax, 
as one levied for building purposes. 

Form 33. Okdee on Township Tbeasueee. [154,] 
See form in 239; also forms 32 and 49. 

Form 34. Peemit or Teansfee. [155.] 

m 18.... 

By order of the board of directors of school district No T 

B permission is granted , who is a resident of this district 

and of lawful SL-hool age, to attend school months in district No 

T E 

This permit shall continue in force months from this date. 



Glerk. President. 

111., 18.... 

Approved by order of the board of directors of school district No T 

E 



Clerk. Presidnt. 

Form 35. Notice of Election of a Boaed of Education. [162.] 
Use always form in 162. 

Form 36. Notice of Election foe Oeganization undee the Feee School 
Law. [171.] 
Use always form in 171. 

Form 37. Teachee's Ceetificate. [187.] 
Use form in 187. 

Form 38. Eenewal of Teachee's Ceetificate. [187.] 

Office of County Supeeintendent of Schools. 

m , 18.... 

The within certificate is hereby renewed for year., from ,18.... 

the date of its expiration. 



County Superintendent of Schools for County. 

Form 39. Revocation of Teachee's Ceetificate. [187.] 

Office of County Supeeintendent of Schools. 

, III., , 18.... 

To 

Sie: The certificate of qualification held by you as a common school teacher in 
county, bearing date , 18...., is hereby revoked. 



County Superintendent of Schools for County. 

Note.— If the certificate cannot be taken up, a notice Uke the above addressed 
to the pubhc may be published in some paper of the county. 

Form 40. Notice of Revocation of Teachee's Ceetificate. [187.J 

Office of County Supeeintendent of Schools. 

, m., 18.... 

To the Clerk of District No in Toion Range ; 

Sie: You are hereby notified that, on the day of 18 ,1 

revoked the certificate of a teacher in your district. 



County Superintendent of Schools for County. 

Note.— If the teacher gives up his certificate and stops teaching, this notice 
need not be sent. But if he persists in teaching, this notice should be sent, and 
a similar notice should be sent to the township treasurer who holds the district's 
funds, and to the president of the school trustees of the township. 



FORMS OF SCHOOL INSTRUMENTS, 277 

Form 41. Oeder on Institute Fund. [193.] 

Office of County Supeeintendent op Schools. 

County, 111. 18 

£o Treasurer of County: 

Pay to the order of loo dollars out of the institute fund for 

as stated in his receipted bill on file in my oiBoe. 



County Superintendent of Schools. 
Note.— The county superintendent must pay all institute funds which come into 
his hands under 193 to the county treasurer. He must take vouchers for all pay- 
ments from the fund and must make all payments by orders on the county treas- 
urer. 

Form 42. Eeceipt foe Deposit op Institute Fund. [193.] 

Office of County Teeasueek. 

Ill 18.... 

Eeceived of countv superintendent of schools for county, 

100 dollars to be placed to the credit of the institute fund. 



County Treasurer, 

Foi-m 43. IVToNTHLY Eepoet op Institute Fund. [193.] 

List of persons who have paid examination fees, as required sec. 8 art. 7 of the 

school law during the month of and of those who have paid renewal 

[Here insert names, keeping the two classes distinct.] 
The foregoing list is correct. 



, 18.... County Superintendent of Schools. 

Note.— The list of moneys to be paid over should be given the county treasurer 
on the first day of each month. 

Form 44. Report of Registration Fees. [193.] 
List of persons who paid registration fees, as required by sec. 10, art. 7, of the 

school law, at the institute held at for week., beginning.... 

18.... 

[Here insert names.] 



18 — County Superintendent of Schools. 

Note.— The list and moneys to be paid over should be given the county treas- 
urer as soon as the institute closes. 

Form 45. School Register. [197.] 
See form given in 197. 

Form 46. Schedule and Certificates. [198 and 199.] 
See forms given in 198 and 199. 

Form 47. Statement. [198.] 

I, A B., teacher of a common school kept at in district No 

township No , range No , of the principal meridian, in the county of 

in the State of Illinois, hereby state that from the day of 

18 to the day of 18 — , said school was in session days 

and that the total days' attendance for his period was days. 

A. B. Teacher. 
We certify that the foregoing statement is correct. 

C." ^]\ directors. 

Form 48. Receipt foe Schedule. [199.] 

, III I'i.... 

Received of G. H., teacher in the common school in district No township 

..range a schedule of said school for the time beginning the 

day of , 18 . and ending the day of ,18.... 

A. B., Director. 

Form 49. School Teacher's Order. [200.] 

The treasurer of township No .range , in county, 

will pay to or order loo dollars for h. . . . services as teacher 

in our employ from 18 to ,18 — , inclusive, being at the 

rate of loo dollars a month, for which time we have certified h.... 

schedule as required by 199. 

By order of the board of directors of district No , in said township. 

A. B., President, 
C. D., Clerk. 



278 



CALENDAR— TABLE OF CASES. 



Form 50. Endobsbment of Teacheb's Oedeb fob Wages. [200.] 

This order was presented to me for payment this day of 18. 

d f " " " " " 

, Township Treasurer, 



and was not paid for lack of funds 

Form. 51. Cebtieicate of Tax Levy, 



Use lorm in 203. 

Form 52. Notice of Election foe Issuing Bonds. [218.] 
Use always form in 218. 



Calendae of School Elections and Duties. 

January, first Monday— A.vvovtionTQ.Qnt of auditor. 
March first, on or 6 e/o re— Payment of auditor's warrant. 

On or hefore same day— Eeport of fines and forfeitures. 
April fir st—GoWeatov of taxes to pay treasurer. 
April, first Monday— 'RQgnla.x meeting of trustees; treasurer's report. 

Within two days a/fer— Treasurer's statement to directors. 
April, first Twesda?/- Election of trustee, when elected at town meeting. 
April, first Saturday— 'Election of trustee, in other cases. 

Within ten days a/(e?'— Organization of board of trustees. 
April, third Saturday— 'Election of directors ; their report to voters. 

Same day— Election of members of boards of education. 

Within five days a/<er— Report by board to treasurer. 

Within ten days a/ifer- Organization of board of directors. 
July seventh— 'Directors' report of statistics to treasurer. 

On or hefore same day— Al] schedules filed witli treasurer. 
July fifteenth-Trustees report to county superintendent. 
August, first Tuesday— Directors to certify tax levy to treasurer. 
August, second Monday—Same returned to county clerk by treasurer. 
August flfteenth-Co-anty superintendent's report to state superintendent. 
September, at Annual Meeting— Gonnty superintendent's report to county board. 
September thirtieth— Treasurer's report of notes, etc., to county superintendent. 
October, first Monday— Regular meeting of trustees; treasurer's report. 

Within tuno days after— Treasurer's statement to directors. 
November first— %tate superintendent's report to governor; biennially. 
November, Tuesday after first Monday, 1890— Election of state and county super- 
intendents, and quadrennially thereafter. 



ii 



Table of Cases. 



PAGE. 

Abington v. N. Bridgewater, Mass.. 136 

Abry, Watson v.. 111. App 265 

Adams v. State.Ill 70,225 

Adams.State v.,Vt 124 

Adamson, Lyon o)., la 122 

Agnew V. Brall,Iil 72 

Aikman v. District, Kas 58 

Akers, Jacksonville v. ,111. App.... 136,153 

Alderman ». Directors, 111 66 

Allen, Quinn 'y.,111 66.265 

Andrews v. District, Wis 129 

Appeal of Cottrell.E. I 18 

Arnold, Board of Edu. ^.,111 201,262 

Bac. Ab., Assault and Battery 148 

Badger v. Knapp,Ill. App 84,87 

Baker.Trustees -y-.m. App.. ..106,108,119 



PAGE. 

Baldridge, Casey i) . ,111 199 

Barksdale v. Com'rs,N. C 133 

Barr v. Deniston.N. H 200,201 

Bassett v. Fish,N. Y 68 

Bateman, Newton 157 

Bates, McCortle «.,Ohio 128 

Beardstown D. Virginia, 111 4!) 

Beaver, Thompson v. ,111 84,139 

Berner, Jackson d.,I11 248 

Benjamin 1). McConnell,IU "... 155 

Beverly v. Sabin,!!! 173 

Bibb,Trustees «.,I11 113 

Bigelow V. Eandolph, Mass 68 

Binde v. Klinge, Mo 136 

Bivens v. Harper, 111 265 

Black. Com.. 1 146 



TABLE OF CASES. 



279 



B]ood,Case v., la 

Bloomington, McLean Co. v. 


PAGE. 

84 

111 11 

221 

201,262 

r. Y.... 184 

68 

131,226 

App.. 134 
....223,240 

260 

260 

....9,16,202 
App... 183 

68,140 

3P 223 

238,244 


Davidsons. Eeed, 111 


PAGE. 

65 

110 


Board y. Cain,W. Va 

Board of Edu. v. Arnold, 111 
Board of Ed\i.,Donavan v.,'h 
Board of Edu., Finch «.,Ohi 
Board of Edu., Hewett ■u.,111 


Davis V. Directors, 111 

Davis, Littlewort t).,Miss .... 

Day, Wier t) . , Ohio 

Deniston,Barr t>.,N. H 

Deskins v. Gose.Mo 


..152,155,198 

107 

169 

200,201 


Board of Edu..Millard«..Ill. 


Dewey v. District, Mich 


154 215 


Board of Edu., Peers v.. 111. 
Board of Edu., People v.,m 
Board of Edu., People v., 111. 
Board of Edu., Powell v.,m. 
Board of Edu. v. Eooher,Ill. 


Directors, Alderman v.. 111... 

Directors, Clark v., Ill 

Directors, Cro^s v. 111. App. 

Directors,Davis v.. Ill 

Directors v. Directors, 111... 


66 

.168,223,240 

155 

.152,155.198 

88 95 


Board of Edu., State v., Wis 
Board of Edu. v. Taft, 111. Aj 
Bradley ■«. Case, 111 


Directors v. Directors, 111. A 
Directors v. Fogleman,Ill... 

Diz-ectors, Folsom i; . , 111 

Directors ■«. Hudson, 111 


PP 95 

217 


Bradley, State «., Conn 


121 

72 

62 

266 

.145,151,167 
..16,137,167 
152,198 


. . 153 161 


Brail, Agnew v.. Ill 

Braner.Trustees v., Ill 

Brewer, People v.. Ill 

Bruner v. Madison Co., Ill .. 

Bui-t,McCormick v.,Ill 

Burton, States., Wis 


Directors v. Jennings, 111. A 

Directors v . Miller, 111 

Directors, Neville v.. Ill 

Directors, NeweU ij. ,111 

Directors, Nichols v. Ill 

Directors, Noble i;.,Ill 

Directors v. Parks, lU 

Directors v. People, 111 

Directors, Perkins ^..la 

Directors. Price v.. Ill 

Directors v. Eeddick,Ill 


pp.... 58,153 

131,226 

161 

240 

169 

200,265 


Cain, Board 'y.,W. Ya 


221 

ITS 


57 


Case V. Blood, la 84 

Case, Bradley v., Ill 238,214 

Casey V. Baldridge.Ill 199 

Champaign Co., University ■u.,111.... 10 
Charlestown, Sherman v., Mass. ,141,167 

Chase D. Stephenson, 111 260 

Chesshire v. People, 111 79,90 

Chicago, Merwln «.,I11 265 

Chicago V. People, 111 10. 46.70 


65 

161 


Directors, Stevenson t).,Ill. .. 
176 


122,152,155, 
W8 


Directors v. Stewart, 111. App 
Directors v. Taylor, 111 


58,129 

223 


Directors v. Trustees, 111 


84 


Directors, Trustees «.,I11... 

Directors, Wilson «.,I11 

District, Aikman ■u.,Kas 

District, Andrews v.. Wis 

District, Clark ■u.,Vt 

District, Dewey ■u.,Mich 

District v. District. Mo 

District, Everett v., Mich.... 

District i). Harvey. Vt. , 

District, Johnson ■«., Mo 

District v. McCoy, Kas 

District. Mincer v., Kas 

District, Monaghan v., Wis... 
District v. Padden.Pa 


84 

64 65 


Churchill v. Eewkes,Ill. App. 
Churchman, Stuokey ('.,111. Ai 
Clark V. Directors, 111 


.139,151,165 

P 155 

.168,223,240 
154 

.172,217,265 

133 

66 

ass.... 149 
)1,IU... 10 

170 

11 

150 

146 


58 

129 

154 


Clark V. District, Vt 

Clifford, Nevil B.,Wis 

Coe, Pennington v., Ill 

Com'rs,Barksdale v., N. C... 

Com'rs,Pace «.,I11 

Commonwealth v. Eandall,]M 
Cook Co. V. Industrial Scho( 
Cook Co. V. Lowe, lU. App.. 

Cooley on Taxation 

Cooley's Blackstone 

Cooper V. McJunkin,Ind . 


154,215 

78 

153 

..72,124,217 

129 

162 

129 

154 

58 


District v. State, Neb 

District, State v.. Wis 

District ti. Sterricker. Ill 

District, Stuart v . , Mich 

District v. Thelander, Minn. 

District, Thompson v.^Va 

Dist. Twp. Corwinv. Morehe 
Dist. Twp. Woodbury, Lane i 

Dodge, Heritage «.,N. H 

Doyle V. Gill, Wis 


226 

136 


Cotton ij. Eeed,Ill 

Cottrell, Appeal of, E.I 

Crane v. Hyde Park, Mass. .. 
Crawfordsville v. Hays, Ind . 
Cross V. Directors. 111. App . 
Cummings, Spear ^j.,Mass. . . . 
Ciurrie v. People, 111 


173 

18 

66 


197 

9 

196,199 


153 

155 

155,167 

79,129 


174 

ad, la. 66 
;.,Ia... 68 
147 


1 Curry V. Mack. Ill 


110 


128 



280 



TABLE OF CASES. 



PAGE. 

Dritt V. Snodgrass, Mo 142 

Dunavon v. Board of Edu.. N. Y... 184 

Dupuyt, People v., Ill 216 

Elmore v. Overton, Ind 193 

Everett v. District, Mich 153 

IFassett, Stevens ■u.,Me 146,149 

Eertaeh v. Michner, Ind 137,138,151 

Tessenbeck, Moore v.. Ill 222, 256 

Pewkes, Churchill v., ID. App.139, 151,165 

Pinch ?;, Board of Edu,. Ohio 68 

Eish, Bassettv.,N. Y 68 

Eisher «. People, 111 75 

Eogleman, Directors v.. Ill 217 

Eolsom V. Directors, 111 168,224,240 

Euller V. Heath, 111 11, 262 

Crarrard, Wilson «., Ill 65 

Gerket). Purcell, Ohio 174 

Oeddes v. Thomastown, Mich 33 

Gill, Doyle v., Wis 128 

Glidden v. Hopkins, 111 239,240 

Gose, Deskins v.. Mo 140 

Graham, State u.. Wis 16,81,87 

Greene, State v., Ind 107 

Greenleaf v. Trustees, 111 10,44 

Grove -y. Inspectors, 111 135 

Haas V. Myers, 111 153 

Haines, Butler «., Ind 152,198 

Haines, Peoples., Ill 107 

Hale's P. C 146 

HamiU, People v.. Ill 217,224 

Harper, Bivens v.. Ill 265 

Harvey, District v., Yt 72,124,217 

Harvey v. Irwin, la 122 

Hawk. 1 148 

Hays, Crawfordsville v., Ind 153 

Hazen v. Lerche, Mich 58 

Heath, Fuller v.. Ill 11,262 

Heritage v. Dodge, N. H 147 

Hewett V. Board of Edu., Ill 131,226 

Higbee, Judge C. L 165 

Hightower v. Overhaul-er, la 84 

Hodge, People «., Neb 95 

Holbrook v. Trustees, 111 71 

Holmes v. Mattoon, 111 265 

Hopkins, GUddenw., Ill 239,240 

Bough' on, Spragins v.. Ill 50 

Hudson, Directors v., Ill 153,161 

Humiston v. Trustees, 111. App 70 

Hyde Park, Crane «., Mass 66 

Industrial School, Cook Co. v.,IU 10 

Inspectors, Grove v., Ill 135 

In the matter cf Wrigley, N. Y 136 

Irwin, Harvey v., la 122 

Jackson v. Berner, 111 248 

Jacksonville v. Akers, III. App.. .136,153 
Jennings, Directors v.. 111. App — 58,152 



■ PAGE. 

Johnson ■«. District, Mo 129 

Jones, State v., Ind 72 

Jones V. Wright, Mich . ; 70 

Kal. Nov. Mfg. Co. v. Macalister,Mich.l53 

Kent's Commentaries, 2 146 

Kidd, State v., Wis 95 

Kilduff, People v.. Ill 51 

Kimball, McKenna -ii.. Mass 68 

King V. McDrew, 111 .,. . . .220 

Klinge, Binde v.. Mo 136 

Knapp, Badger v.. 111. App 84,87 

Lander v. Seaver. Yt 141,147 

Lane v. Dis't Tw'p Woodbury, la 68 

Langdalev. People, 111 239 

Law V. People, 111 216 

Lerche, Hazen v., Mich 58 

Litilewort v. Davis, Miss 107 

Lovingston v. Trustees, 111 ....70,119,120 

Lowe, Cook Co. v.. 111. App 170 

Lynnfleld, Eussell «., Mass 136 

Lyon V. Adamson, la 122 

Macalister.Kal. Nov. Mfg. Co. v.,Mieh.l53 

McConnelli). Benjamin, 111 155 

McCormick v. Burt, 111 145,151,167 

McCortle v. Bates, Ohio 124 

McCoy, District v., Kas 162 

McCutchen V. Windsor, Mo 151 

McDonald v. Madison Co., Ill 266 

MoDrew, King v.. Ill 220 

McDuffie, Ritcliie v., la 72 

McJunkin, Cooper v., Ind 146 

McKenna v. Kimball, Mass 68 

MoHenry v. Trustees, 111 110 

Mack, Curry v., lU 110 

McLean Co. v. Bloomington, 111 11 

Madison Co.,Bruner v., Ill 266 

Madison Co., McDonald v.. 111.. 266 

Mann, Horace 152 

Marshall, Wilkins ti.. Ill 49 

Matteson, People v.. Ill 51 

Mattoon, Holmes v.. Ill 265 

Mays, People v.. Ill 23,162 

Merwin v. Chicago, 111 266 

Michner, Pertaoh v., Ind 137, 138, 151 

Millard v. Board of Edu., 111. App... 134 

Miller, Directors v.. Ill 131. 226 

Miller v. Trustees, lU 84 

Mills ». Thornton, 111 220 

Mincer v. District, Kas 129 

Misenheimer, Trustees v., Ill 107,118 

Mizuer, State v., la 149,152 

Mizner, State v„ la 147 

Monaghan v. District, Wis 154 

Moore v. Fessenbeck, 111 222, 256 

Moore v. Trustees, 111 107 

Morehead, Dis't Tw'p of Corwin v., la. 66 



TABLE OF CASES. 



281 



PAGK. 

Morrow v. Wood, Wis 157 

Myers, Haas v.. Ill 153 

Nat'l Bank Mendota v. Smith, 111 ....220 

NeviH). ClilTord, Wis 265 

Neville v. Directors, 111 161 

Newell V. Directors, 111 240 

Newman, Carlton v.. Me 173 

Newton v. People, 111 256 

Nichols V. Directors, lU 169 

Noble V. Directors, 111 200.265 

N. Bridgewater, Abington v., Mass. . . .136 

Nutter, Patterson v.. Me 147 

O. & M. Ey. Co., Weber u. Ill 218 

Overhaulser, Hightower v., la 84 

Overton. Elmore v., Ind 193 

Pace V. Commi ssioners, HI 66 

Pace V. People, 111 40,63 

Pace V. People, III 24 

Padden, District i).. Pa 58 

Parks, Directors v.. Ill 67, 130 

Patterson v. Nutter, Me 147 

Peck V. Smith, Conn 149,152 

Peers v. Board of Edu., lU 223, 240 

Pekin v. Eeynolds, 111 226 

Pendergrass, State ■«., N. C 148 

Pennington v. Coe, 111 172,217,265 

People V. Board of Edu., Ill 260 

People V. Brewer, 111 52 

People, Chesshiie v.. Ill 79,90 

People, Chicago, i).. Ill 10,46,72 

People V. Board of Edu., Ill 260 

People, Currie ■«., Ill 79, 129 

People, Directors v.. Ill 57 

Peoples. Dupuyt, 111 216 

People, Fisher »., Ill 75 

People V. Haines, 111 107 

People V. Hamill, 111 217,224 

People V. Hodge. Neb 95 

People V. Kilduff, 111 51 

People, Langdale v.. Ill 239 

People, Law i;.. Ill 216 

People V. Matteson, 111 51. 

People V. Mays, 111 23,162 

People, Newton v., Ill 256 

People, Pace v.. Ill 40, 63 

People, Pace v., Ill 24 

People, Peters v.. Neb 58, 129 

People, Piatt ■«., Ill 51 

People, Rogers v.. Ill 92 

People, Shaefer v„ lU. App 78,263 

Peoples. Siclen, N. Y 161 

People, Simons v.. 111. App 51,57 

People V. Sisson.Ill 223,225,227 

People, Speight 'U.,111 11,262 

People, Tappan 'y.,111 222 

People V. Tazewell Co., Ill 226 

People. Thatcher i;.,Ill 220 

-18 



PAGE. 

Pe ople, Thatcher 1!., Ill 227 

People, Thatcher v.,m 227 

People V. Trustees, 111 45,121,216 

People V. Trustees, 111 44,241 

People, Trustees v.. Ill 75, 139,157 

People V. Trustees, 111 77,116 

People V, Trustees,Ill 10,72 

People, Trustees i'.. 111. App 79 

People, University of Chicago v.,l\\. 10 

People, Wells v. ,111 199,200 

People u. Wiltshire, 111 221 

Perkins t). Directors, la 140 

Perkins v. Wolf 201 

Peters v. People, Neb 58,129 

PhiUips, Judge Jesse J 166 

Piatt «. People, 111 51 

Pollock on Contracts 153 

Porters. Eobinson,N. Y 59 

Post.Eulison ■y.,111 138,151,157,163,167 

Potters. Trustees.Ill. App 79,88 

Potter ■!). Trustees, 111. App 100 

Powell ». Board of Edu., Ill 9,16,202 

Powers, State i'.,Ohio State 11 

Price ■«. Directors, 111 65 

PurceU.Gerke u.,Ohio 174 

Quinn. v. Allen,Ill 66,265 

Eandall, Commonwealth t).,Mass.... 149 

Eandolph,Bigelow 'u.,Mass 68 

Eaymond, Richards 'y.,111 9,75 

Eeddick, Directors ij.,I11 161 

Reed, Cotton «.,Ill 173 

Reed.Davidson 'y.,111 65 

Eeeve's Domestic Eelations 149 

Eeynolds, Pekin ■y., Ill 226 

Eichards v. Eaymond,Ill 9,75 

Riley,State v. Mo 78 

Ritchie ■y. McDuffte.Ia 72 

Roberson 'y. Troutt,IU. App.. 136,153,162 

Robinson, Porter v., N. Y 59 

Rocher.Board of Edu. ^.,111. App.. 183 

Rogers 'y. People, 111 92 

Eulison V. Post.IU 138,151,157,163,167 

Russell on Crimes 148 

Russell 'U. Lynnfleld.Mass 136 

Sabin,Beyerly 'y.,111 173 

Schofield V. Watkins,Hl 59 

School Com'rs, Sexton ■y.,IU Ill 

School Com'rs, Wiley v.,Md 18 

Sohouler on Domestic Relations 154 

Schroll, Trustees t).,Ill 10 

Seaver, Lander i).,Yt 141,147 

Sexton t). School Com'rs,Hl Ill 

Shaefer 'y. People,Ill. App 78,263 

Sherlock v. Winnetka.IU 169,226 

Sherman v. Charlestown,Mass ..141,167 
Sheehan v. Sturges, Conn 137,149 



282 



TABLE OF CASES. 



PAGE. 

Siolen, People v. N. Y 161 

Simons V. People, 111. Appl 51,57 

Sisson,People v.,m 223,225,227 

Smlth.Nat'l Bank Mendota ^.,111.... 220 

Smltli,Peck v.. Conn 149,152 

Smith, Trustees v.. Ill 102 

Snodgrass.Dritt v., Mo 142 

Snyder v. Spaulding,Ill 255 

Spear v. Cummings.Mass 155,167 

Speight?). People, lU 11,262 

Spragins t). Houghton, 111 50 

State V. Adams,Ill 70,225 

State. Adams «.,Vt 124 

State V. Board of Edu.,Wis 68,140 

States. Bradley, Conn 121 

State, District t).,Neb 226 

States). District, Wis 136 

State V. Graham, Wis 16,81,87 

States. Greene, Ind 107 

State iJ. Jones, Ind 72 

States. Eidd, Wis 95 

State V. Mizner.Ia 149,152 

State V. Mizner,Ia 147 

States). Pendergrass.N. C 148 

State V. Powers, Ohio State 11 

State t). Kiley,Mo 78 

State V. Treasurer, Ohio 58 

State t). Vanvactor,Ind 150 

State V. Whitford.Wis 18 

State V. Williams, Ohio 153 

State V. Williams, Vt 152 

Steele, Judge James 164 

Stephenson. Chase ■u.,111 260 

Sterricker, District v. , lU 197 

Stevens v. Fassett,Me 146,149 

Stevenson v. Directors, 111.... 122,152,155 

176 198 

Stewart, Directors 'y.,IU. App 58,129 

Story's Conflict of Laws 136 

Stuckey «. Churchman, 111. App 155 

Stuart ■«. District, Mich 9 

Sturges, Sheehan v., Conn 137,149 

Taft.Board of Edu. 'y.,111. App 223 

Tappan t). People, 111 222 

Taylor v. Dlrectors,Ill 223 

Tazewell Co., People ?).,I11 226 

Thatcher ■«. Peoph-,111 220 

Thatcher t). People, 111 227 

Thatcher 1). People, 111 227 

Thelander, District i). ,Minn 196,199 

Thomas v. . Urbana.IU 265 

Thomastown, Geddes «.,Mich 33 

Thompson v. Beaver.Ill 84,139 

Thompson t). District, Pa 174 

Thompson v. Trustees, 111 21, 102 

Thornton, Mills v.. Ill 220 

Tingley V. Yaughn, 111. App 162 



PAGE. 

Townsend ■«. Trustees, N. J 58 

Treasurer, State v. Ohio 58 

Troutt.Eoberson t).,Ill. App .136,153,162 
Trustees -u. Baker, 111. App... 106, 108, 119 

Trustees v. Bibb, 111 ng 

Trustees v. Braner,Ill 66 

Trustees 1). Davison.IU no- 

Trustees i). Directors, 111 84 

Trustees v. Directors, 111 84 

Trustees, Greenleaf 'u.,111 10,44 

Trustees, Holbrook v. ,111 71 

Trustees, Humiston «. , 111 70' 

Trustees, Lovingston -[/-..111 ....70.119,120 

Trustees, McHenry ■u.,IU lia 

Trustees, Miller 'y.,111 84 

Trustees 1). Misenheimer,Ill 107,118 

Trustees, Moore ■u.,111 107 

Trustees, People «. ,111 45,121, 216 

Trustees, People -y. ,111 44,241 

Trustees v. People, 111 75,139,157, 

Trustees, People «.,I11 77,116 ' 

Trustees, People «. , 111 10,72- 

Trustees «. People, 111. App 79 

Trustees, Potter 'u.,111. App 79,88- 

Trustees, Potter ^.,111 App 100 

Trustees t). Schroll.IU lo 

Trustees -u. Smith,Ill 102 

Trustees, Thompson v.,I\l 21,102- 

Trustees, Townsend«..N. J 58 

University v. Champaign Co., 111. .. 10 
University of Chicago v. People, lU 10 
Urbana,Thomas ■u.,111 265^ 

Yanvaetor, State ■i).,Ind 150 

Yaughn, Tingley i) . , 111 . App 162 

Yirginia,Beardstown ■u.,111 49- 

Watkins.Sohofleld t>.,IU 69 

Watson i). Abry. 111. App 265 

Weber i;. O. & M. E'y Co.,IU 218 

Weir ■u. Day, Ohio 169 

WeUs V. People,I]l 199,200 

Whitf or d. States., Wis 18 

Wiley iJ. School Com'r3,Md 18 

Wilkins i;. Marshall.IU 49 

Williams, State 'u.,Ohio 15S 

Williams, State ^.,Yt 152 

Wilson ■u. Directors, 111 64,65 

Wilson?). Garrard,Ill 65 

Wiltshire, People u. ,111 221 

Windsor, McCutohen ■u., Mo 151 

Winnetka, Sherlock v.. Ill 169,226 

Wolf. Perkins v. .la 201 

Wood, Morrow ■u.,Wis 157 

Wright, Jones 'y.,Mich 70 

Wrigley, in the matter of, N. Y 136 

Zane, Judge C. S 21ft 



INDEX. 



PAGE. 

Accounts of township treasurer. .102,103 

subject to inspeotion 103 

with school districts 102,104,115 

Actions against— 

borrower of school funds. 109, 110, lib 

collector of taxes 221,222 

members of school boards.... 131, 257 
persons not paying over fines... 251 
persons preventing children 

from attending school 257,260 

purchaser of school lands 246 

school officers 252-257,260 

teachers 257 

treasurers 101,102,119,120 

trespasser on school property 

66 243 

trustees 37,56,96, 252,2.57 

Acts, official, recorded . 13, 34, 57, 127, 182, 187 

Acts repealed 266 

special, relinauished 185 

not repealed 261 

Adjournment to perfect petition.... 82 
Administrator's preference of debts 110 

Advertisement of land sales 73,245 

of school site 69 

Advice by county sup't 27,29 

by state sup't 13,16 

Age of school child 132,135,267 

Apparatus, purchase of 160, 168 

Appeal from trustees to county sup't 85 
to two county superintendents. . 87 

to state superintendent 14,16,43 

Apportionment by auditor 235 

deductions from 26 

by county superintendent 39,40 

by trustees 59 

Appraisal of school lands 245,246 

of district property 93 

Assessor to note number of district 219 

Assistant of county f;up't 24 

Assistant teacher, certificate of 200 

employed by directors 153 

Auditor to apportion funds 235 

file transcript of land sales' 247 

issue patents for school lands. 247, 248 
issue warrant to pay Co. sup't.. 26 
withhold funds 19 

Ballot, second not taken 173 

Ballots, at election of directors 124 

at election of trustees 49 

blank, effect of 171 

excess of 50 

must be specific 49 

Bible in school 142 

Board of Education 177 

appointed 186, 270 

elected 178, 180, 186 

funds subj ect to order of 185, 189 

in cities of 1,000 178 

election to authorize action. 181 
president of 179,271 



Bame— Continued. page. 

auorom of 180 

report of 182,184 

term of office in 181 

vacancies in 180 

yeas and nays of, on ex- 
penditures 184 

in cities of 100,000 186-9 

in a township 74,75 

Bonds, official— 

of county superintendent 21 

of state superintendent 12 

of townshsip treasurer 100 

approval of by trustees 99,100 

by county sup't 38 

insufficient 99, 100 

new one given 100 

only one required 100 

Bonds, school 222 

director not to buy of board 131 

amount of limited 11, 222, 224 

payable at tw'p treasury 226 

refunded 228 

registered 224 

with state auditor 228 

sale of below par 225 

sinking fund for 224 

term of limited 11,228 

vote needed for issue of ..222,223,228 

Bondsmen not released 102 

Books, see "Text-books." 

Books, etc., not sold by teachers 

and school officers 10,267 

Branches of study determined by 

directors 132,156,201 

by voters : 201 

see "Teachers certificate"; 
"Pupils." 

Calendar of elections, etc 272 

Census of children 62 

apportionment based on 39,41,59 

special and general 178 

Certificate of purchase 247, 248 

Certificate of tax levy 217 

in district in two counties 219 

essential 218 

Certificate, teachers' 190,191 

a commission : 197 

age of appUcant 190.192 

Co. sup't'- discretion regarding. 192 

Co. sup't to issue 191 

examination for 190,191 

must be taken 195 

suggestions upon 193 

fee for 203 

good for entire term 132,152,198 

grades of 191, 194 

auahfications 191 

record of 197, 198 

renewal of 191,195 

revocation of 156,191.196 



284 



INDEX. 



Same— Continued. 

assistant, special, and sub 


PAGE. 

stitute 
200 


PAGE. 

County board 231 


teachers to have 


relations with county sup't.. 22,23,24 
30 ;. 232 




190 

....152,198 

84 

50 

132,159 


teachers must all have... 

Certiorari, writ of 

Challenge of voter 

Changes of text books 


bond of, approved by 20 

new one required by 22 

office and supplies furnished 
to 22 


Children, colored, rights of... 

ilhterate reported 

number in schools 

number under 21 


....257,259 
..14,62,182 

14,62 

14 62 


removal of by 23 

vacancy in office of flUed by. 23 

to examine reports of land sales 233 

County clerk 227 


apportionment on 

Cities under general law— 

of 1,000 inhabitants 

of 100,000 inhabitants . 


...39,41,59 
....178,180 

ISfi 


may order election of trustes... 47 

map filed by 76,88,97,98,218 

list of tax-payer-^ filed by. ...88,97,98 

to compute district taxes 219,230 

to cerlify taxes to treasures 220 

to recoi d land sales 231 

to transmit county superintend- 
ent's bill to auditor 26 


under special laws 19,46,178,185, 

215 216 

Clerk of board of directors.... 90, 127, 129 
compensation of 130 160 


duties of 115,127,129,133 

of trustees, see "Tw'p treasurer." 

of court to report fines, etc 251 

of election hable 49 iiO 


County fund, see "Fund, county." 

County judge to hear appeals 87 

duties as to fines, etc 251 

County superintendent of schools .10,20 

as city sup't or teacher 31 

as township treasurer 32 

assistant of 24 

biUs of 26 


Collectors, commissions of ... 
to pay warrants to Co. sur 
to pay taxes to treasurer, 
to state amount uncollecte 


221 

'ts. 235,236 
....220,221 
d.. .. 221 
up't. 19,263 
....257,259 
eflned 9 

241 

....247,248 


Colored children, rights of... 
"Common school education" d 
Common school lands 


certificates, to grant 191 

discretion regarding 192 

may renew or revoke.. 191, 195, 196 


dedication of, for streets.. 
PTTPrnpt from taxfitinn 


244 

10 72 


cities under special laws to re- 
port to 261 


patents conveying 


....247,248 
242 


commissions paid to 24 




9.4.9. 


county school fund held by 42 

custodian of election returns ...27,55 

delivery to successor 43 

director, removed by 33 

election of ordered by 27,125 

division of time by 24,28,30 


sale of 34,243,245 

see, also, "Keal estate." 
Compensation of school oflacers— 

assistant of county sup't 24 

clerk of school board 130 ifin 




24-26 




....130,266 
....130,266 

13 

...120,266 
59,130,266 








state superintendent 

treasurer 

trustees . 


fines, etc., duties as to 249-252 

institutes promoted by 27 

conducted by 204 




liable for loss of funds 21,256 

office and office furniture for.. 22, 232 
office expenses of 22 


Condemnation of s hool site. 
Consolidation of districts, see 


174 

'Dist- 

IPS." ^ 


of townships, see "Townsh 
Constitution, on education 


relations with county board. 22, 30, 232 

removal of 23, 37 

report of, to county board 34,247 

to state superintendent 36 

to trustees of paym.'t to Treas. 28 
sale of lands by, see "Keal estate 


Contracts of school boards- 
corporate, not personal . . . 
not made with members., 
with a minor 


58,121,122 

...129-131 

130 154 


■with teacher for his own ser 
rules of board part of. 

I should be written 

term of.. 


vices.' 153 

152 

155 

154 

...152.198 
99 


sales of." 
school funds apportioned by. ..39,40 

withheld by 40 

schools supervised by ... ... 26 28 


vaUdity of 


teachers examined by 191,202,203 


Controversies under school law.14,16,42 
appeal to state sup't . .14 ifi 42 


to examine applicants for admis- 
sion to normal schools and the 


hearing of 


18 

Ids." 
....33,248 

79 


university 26 


Conveyances by county sup't 
by trustees 




to transmit sta ement of to 


to cities in trust 189 

to trustees 70 

Corporal punishment, decisions 145 

infliction of by teachers 150 

Corporation, board of directors, a.. 121 


state superintendent 43 

treasurers' bonds approved by . 38 

increase of demanded 99 

books examined by 27,31 

statement of loans made to . 108 
trustee, election of ordered by. 27,52 

trustees' report to 61,63 

obtained by. if neglected .... 37 


school, how auestioned ..77,84,87,121 
Costs of schooLofficers 264.265 



i. 



INDEX. 



281 



PAGE 

Same— Continued. 

vacancy in office of 23 

warrants paid in full to 236 


PAGE 

SsLine— Continued. 

for making and enf'roing rules 150 
for ■ chedules Ici2 159 




for perversion of funds '256 


Debt, bonded, how disposed of when 

district Unes are changed 88,93,95 

Debts deducted 92,93,95 

due school fund preferred 110 


meetings 168 

library p rclia-ed by 160,168 

may build on old site 172 

may choose site when . . . 170 174 


trustees may compi omise ... 72 

Declamation and composition 158 

Deed of school site to trustees 64 


may not be teachers in their own' 

district 130 

may not be trustees 46 126 


Default of payment of loans or inter- 


meetings of 128 


est . 110 


no ices of 58 


Diploma of county normal school .. 190 
of ^tate normal school 190 


minor child of director not em- 
ployed by 130 


action by, authorized by 

vote 123,170,201 

to add other branches 201 

to build a school house 170 

to enlarge house 223 


non-residence constitutes va- 
cancy 122 

not Uable to g irnishment 265 

to mechanics' Uen 265 

orders of, void when 129 


to issue bonds 123,222 


see "Orders." 


to levy a tax 216 

to locate a site 123,170-172 


in a new district 90 

poll book returned by 126 


to move a house 123,170 

to purchase a house. . . .123,170,225 


powers of, limited 121 




pupils, relations with, see "Pupils." 

quorum of 121 

records kept by . 127 159 


authorized without a A'ote ....124,216 
apparatus purchased by 160,168 


body politic and corporate, a.120,121 
acts as such at meetings .... 128 
purposes of 121 

bond not given by on appeal.... 265 


submitted to treasurer 'l27 

removal of by county sup't 33 

report of teachers to county sup't 131 

to treasuL-er 129 


books bought for poor childr'n. 132,159 
branches of study prescribed 

by 132,156,201 

business of, how transacted 128 

clerk of, see "Cleik." 


rules and regulations made by.l32, 136 
schedules, duties in regard to. 132,159 
school house, duties regarding, 

see "School house." 
school moneys, how used by. 215,216 


school boards." 


duties regarding 131 160 


election of 120,123 


surrender of control of, by, 

forbidden 137 

visitation of, by 132,152 


in new district 89 

in district in two counties .... 125 
judges of 90, 126 


notices of 89,122,123 


not to be bought by, of a di- 
rector 131 


on Satm-day 122,123 


ordered by county sup't 125 


see "Site." 


plurality elects 54 

postponed 126 

aualiflcation of voters 48 

return of 126 

tie vote 126 

elections on special (jue^tions 


certificate of levy of 217 

in two counties 219 

return of 218,222 

to cover exp'nses for how long 218 
teachers dismissed by 160 

employed by 132 152 


called by .. 80,123,170,216 


not for following year 154 


blank ballots at . 171 


payment of by 133, 170, 2i2, 214 

term of office of 122 

in new district 90 


day of 125 

not called by county sup't 


or treasurer ... 125 


treasurer, exhibit of, to .... 114 


notices of 124,171,226 . 




second ballot at, illegal.... 124, 173 




second election for 172 

tie vote at 171 

interest in contracts made by 


Dismissal of school 133,213,214,215 

Dismissal of teachers 160 

Distributable fund held by Co. sup't. 35 




District, boundaries how changed... 76, 77 

appraisal of property, etc 93,94 

bonded debts 88, 93, 95 


judgments against 264,265 

fraudulently obtained 265 

liabihty of 121,160,167,170,253 




division of funds . 90 91 


for conversion of funds 254 

for dismissal of teacher 160 

for expulsion of pupils 160,162 

for failure in duty 255 

for loss of funds 256 


election for 'so 

jurisdiction of trustees 78,83 

made at April rheeting 77 

by county sup't 85-87 

maps filed, etc 76,88,97,98,218 



286 



INDEX. 



PAGE 

-Continued. 

petition for 77, 81, 97 

review of, on writ of certiormH.S4,S7 
not to be made if new or old dis- 
trict will have less than 10 fami- 

Ues 78,79 

Districts, designation of 76,121 

dissolution of— no school 97 

election in, see under "Directors," 
"election" and "elections." 

formation of 76 

legalitv of questioned 87,121 

funds credited to 61,91.96 

how expended 216,217,238-241 

in new townships 76 

liable to others 95 

limit of debt of 11,222,228 

of school term of.. 131, 133, 181, 

215 216 

of taxation by 215,216,220 

may not waive rights 95 

new, elections in 89 

not Uable for injury to pupils on 

school premises 68 

overpayment of 61 

special, see "Cities under spe- 
cial laws" and "Special laws." 
taxes, see "Taxes." 
union, see "Union disti-iets," see 
' also "District, boundaries of." 
Diversion of funds, see "Funds." 
Division of property of districts. 90, 91, 93 
Donations, grants, etc., for school 

purposes 9,64 

for sectarian purposes prohibited 
to school boards 10,256 

Education in the constitution 9,11 

Elections, school, see under "Board 
of education," "Directors," "Dis- 
trict, boundaries of," "County su- 
perintendent," "State superintend- 
ent," "Trustees," and "Special 
laws." 
EHgibility to school oflaces..46,56,122 

186 259 

Enumeration of children, see "Cen- 
sus." 

Epidemic, schools closed 154, 215 

Examination of books, etc— 

of Co. sup't. by Co. board 34,233 

of treasui-er, by Co. sup't 27,31 

by trustees 64 

Examination of teachers— 

by board of education 181,183,187 

expenses of 202 

notices and number of 202 

state superintendent's 190 

see "Certificate, teachers';'' Co. 
sup eriutendent ; " ' "Teachers." 
Executors' preference of school 

debts 110 

Exemptions, directors and trustees. 266 

Expenses of county sup't 22,232 

Exclusion of pupils 167 

Expulsion of pupils 160,162 

by whom Iii7 

continues how long 166 

decisions upon 162-167 

Eines, see "Penalties." 

Fines and forfeitures 249 

Forfeiture of funds by townships... 62 

may be remitted 19,62 

Forms 272 

Fractional townships, see "Town- 
ships, fractional." 
Free schools established 9,12 



^ PAGE 

Fund, county 42,2371238 

interer^t of distributed 42,237,238 

lands belonging to 33,248 

principal loaned 42 

report of ; 35 

Fund, district 238 

account with 103, 104 

disposition of when district is 

dissolved 90,91,96,97 

division of 90, 91 

how paid out .238-241 , 

paid for what purposes 215-217 

surplus loaned 108 

treasurer holds 70, 225 

union district's 131,133,221,240 

Fund, state 9, 234, 235 

apportionment from 235-237 

Fund, township 103, 237 

additions to 113,114,237 

income of distributed 237,238 

principal of 103,237 

loaned 105-114,237 

treasurer holds 70 

Funds, school 234 

county sup't liable for loss of.21,256 

diversion 217,265 

not subject to taxes 10,11,72 

school officers liable— 

for conversion of 254 

for loss of 256 

for perversion of 10,256 

treasurer liable for loss of ...... . 99 

Furniture, school, purchase of 215 

sale of by school officers pro- 
hibited 10, 257 

Garnishment of school board 265 

General assembly to provide free 

schools 9 ' 

Graduates county and state normal 

schools 190 

High school, a part of school sys- 
tem 9,73,75,201 1 

High school, township, see "Town- 
ship high school." 

Highest candidate ineligible 50 

Holidays 160,213,214 

Illiteracy, report of 14,62 

Indictment of school officers 254,257 

of trespasser 243 

Informalities in elections 61 

Informer to receive half 243,251 

Institute fund, source of 203 

how held 204 ' 

how paid out 204,207 

repoi-t of to county board... 34, 35, 204 

Institutes, attendance upon 204,206 

conduct of 205 

county sup't to hold 27,204 

fees for 203 

teachers for 204,205 

Insurance of school houses 67 

Insurance as security for loans 109 

Interest, action to recover 110 

added to principal 113,114,237 

apportioned 42, 237,238 

extra, calculation of Ill 

on teachers' orders 115, 116 

how stopped 116 

penalty for non-payment 110,111 

rate on loans 105,106 

on probated claims 110 

state to pay 235 

Judges of election, may not convene 
aft,er adjournment 51 



287 



PAGE 

Baiae— Continued. 

of directors 126 

return of poll book by 126 

of trustees 48, 49,51,55 

return made by 50,55 

liable for failure to make return. 253 
for permitting illegal voting.. 50 

to settle tie vote 54,126,171 

Judgments, against purchaser of 

school lands 246 

against school officers 264 

fraudulently obtained 265 

Justices, duties of regarding fines, 
etc 250 

Lands, see "Common school lands" 
and "Real estate." 

Levy of taxes, see "Taxes." 

Liabilities, see "Penalties." 

Libraries, school, provision for. ..160,168 

Lien, mechanics', on school property 265 
on real estate of school officers. . . 255 

Limit of indebtedness 11,222 

of taxation 215, 216 

Loans, of county fund 42, 237 

of district funds, surplus 108 

of township funds 105-114,237 

not made to Treas. and trustees. . 106 

records of 34, 103 

to school districts 105,106 

Loss of funds 21,100,256 

"Lost" time 160, 214 

Making fires, sweeping, etc 68,155 

Mandamus, writ of, to compel— 

directors to act 173 

levy of tax 264, 265 

treasurer to file hst and map 88 

trustees to consider petition ...77,84 

Map of township 76,88,97,98,218 

failure to file 88 

Meetings of directors 128 

of trustees 57 

in school houses 160,168 

Minor, contract with 130,154 

granting certificate to 190, 192 

Mortgages, form for 108 

valid in name of county sup't. . .42, 108 

others valid 109 

release of 109 

Natural sciences, examination in.191,194 

Night schools 136 

Normal school gi-aduates 190 

Note in place of a bond 224 

Notes, examined by trustees 114 

list given to county sup't 108 

in name of county sup't 42, 107 

in name of trustees 107 

Notice, of district election 123,124 

must state questions. . . .47,123,124 

of examination of teachers 202 

by state sup't 190, 191 

of sale of lands 73, 245 

to district, of proposed change. 81, 82 

Oath, official, of county sup't 20 

of state superintendent 12 

trustees, treasurer, and directors 
not to take 57 

Office supphes for county sup't 22 

Officers, exempt from road labor, etc 266 

judgments against 258,264 

habilities of, see "Penalties." 

hen on real estate of 255 

resignation of 53 

Official bonds, see "Bonds." 



PAGE 

Orders, school, form of 170,175 

212 238,239 

against uncollected taxes 169,170 

teachers', draw interest when. 115, 212 

di'awn when 212 

substancA of 212,239,240 

treasurer not to pay when 130,2)9 

Organization of board of directors . 127 

of hoard of education 271 

of board of trustees ; . 56 

of cities under general law... 185,262 

of new district 90 

Overpayment of district 61 

Owner refuses to sell site 174 

Parents must send children to school 266 

Penalties, recovery of 256 

Penalties 252 

any person subject to— 

for damaging school house.. 66 

for disturbing a school 66 

for illegal voting 50 

for keeping colored children 

from school 257,259 

for not sending children to 

school 267 

for trespass 66,243 

any school officer subject to— 

for conversion of funds 254 

for loss of funds 256 

for neglect of duty 255 

for perversion of funds 256 

cities, for failure to report 261 

clerk or judges, for permitting 

illegal voting 55,253 

clerks, state's attorneys, etc., in 

regard to fines 251 

collector,for failure to pay.... 221, 222 
county board, for not examining 

report of sale 233 

county sup't, for not making re- 
port to state sup't 19,37 

directors, see "Dii-ectors liable." 
judges, for failui-e to make re- 
turn 55,253 

parents, for keeping children out 

of school 267 

purchaser of lands, for non-pay- 
ment 246 

teachers, for not making sched- 
ules 133.213 

townships, for failure to dehver 

report 62, 63 

treasurer, see "Treasurer hable." 
trustees, see, "Trustees liable." 

Permits, duration of 17-5 

Perversion of funds 10,256 

Petitions for change of district 

lines 77-82 

action upon by trustees 83 

error in 78 

filed 20 days 81 

filing fixes status of 80 

"form" distinguished from "sub- 
stance" 84 

forms of 78 

must make a case 79 

change of, not admissible 78 

notice of to districts 81,82 

purpose of 78 

remonstrance against 84 

before county sup't 85,86,87 

unnecessary 97 

for organization under general 

law 185 

for purchase of site 181 

for sale 69,243 

for township high school 73 



288 



INDEX. 



i— Continued. page 

discontinuance of 75 

Picnics and prizes, expenses of 216 

Plat of common school lands 244 

Plurality elects 54 

Poll book, election of directors ..126,127 

election of trustees 55 

evidence of election 55 

Polling places at election of trustees 54 

Polls, how long opened 49,128 

not duly opened 51 

Poor children, books for 132 

Postponement of election, of direct- 
ors 126 

trustees 51,52 

President, of board of directors — 127 

pro tern, appointed 129 

of board of education 178,179 

duties of 179 

of board of trustees 57 

Proceedings, official, to be recorded, 

57,127 182 

Property, appraised and divided. .90,93, 

93 98 

private, used by school children. 65 

teachers to account for 207 

title to 64 

union districts 98 

Pupils, age of 132,135,267 

and name noted on register 208 

in schedule 209 

assignment of, to schools 160,162 

attendance of noted 208,209 

reported 14, 62 

choice of studies by 157 

conduct of , away from premises. 140 

corporal punishment of 145 

entitled to eaual privileges — 132,136 

exclusion of, in certain cases 167 

have no contract with teacner. .. 155 

injuries to 68 

janitor work not required of 68 

rehgious freedom allowed to.... 142 

residence of 132,1.S5 

suspension and expulsion of.. 160, 

162,182 187 

continue how long 106 

transferred 175 

tuition fees paid by 160 

Qualifications of teachers 191,194 

of voters 46,48,263 

Quorum of directors 121,127 

of trustees 58 

Bate of interest, see "Interest." 

Eeal estate, county sup't to hold. .. 42 

exempt from taxation 10,11,72 

leaded 72,242 

hen on that of school officers 255 

sale of 69,189,242-248 

security for loans 105-107, 108-114 

taken for indebtedness 71 

trustees to hold 71 

valued how 105 

see also, "Common school lands." 

Eeceipts for schedules 211 

Eecords, of county sup'ts of action 

on appeals 87 

of certificates granted 197 

of land sales 34,247 

submitted to county board . . 247 

of directors 127 

submitted to treasurer 127 

of loans 34,103,232 

of state superintendent 13 

of treasurer 102, 103 

open to inspection 103 

submitted to trustees 114 



PAGE 

-Continued. 

of Trustees 57 

Eegister of bonds 224 

Eegister, school 207 

furnished by du-ectors 208 

kept by teachers 75,207,208 

returned by 208 

Eeligious exercises in school 1!2 

Eemoval by director or trustee... 3,122 

Eeports, of board of education... IJ'2, 188 

of county superintendent. ..34,36,247 

of directors 129,131 

of fines, etc 2 

of institutions of learning 19,264 

of land sales 247 

of special districts 19,263- 

of state superin" endent 14 

of treasurer 114 

of trustees 61,63 

value of, when accurate 36 

Eesignaiions, provisions regard- 
ing 23,53- 

Eevenue and taxation 215 

Eules, of board of education. 182,1,-8- 

of directors 132,138,140' 

decisions upon 138 

power to make. 132,138 

habiJity for ISO' 

made by state superintendent... 14 
made by teacher 13& 

Sale, of real estate, see "Eeal es- 
tate." 
of school books, limitations. ..10,257 
of school property 69,160 

Schedules, certificates upon 210,212 

delivery of, to directors 211 

to treasurer 132 

directors hable for 132 

incomplete 210' 

of school with more than one 

teacher 211 

receipt for 211 

separate when 209,211 

statement in place of 209 

Scholars, see "Pupils." 

School, legal 60 

School books, see "Text-books." 
not to be sold by school officers 
and teachers 10, 217 

School day 168 

School districts, see "Districts." 

School funds, see "Punds." 

School house- 
building of, vote for 170,171,173 

bon IS for 222 

controlled by directors.. 64, 67, 160, 168 

doors to open outwards 67 

exempt from taxation 11,72 

from mechanics' hen 265 

highway to, lacking 65- 

in another district 134 

insurance of 67 

meetings in 160,168- 

purchase of 170,225 

renting of 134 

repairing and improving 67,22S 

sale of 69 

site of 170,171,174 

title to, in trustees 64 

School lands, see "Common school 
lands" and "Eeal estate." 

School month 213 

School site, see "Site." 

School year 15,97,131,133,181,215,216 

School, closed by directors 154,215 

disturhing, penalty for 66 

management of 132,136,182.18'? 



INDEX. 



289 



PAGE 

Same— Continued. 

province of 9,131,201 

special laws concerning, forbid- 
den 11 

support of 131,181,187,215,216 

term of 131,133,181,215,216 


PAGE 

SsLvae— Continued. 

rules of board and provisions 

of law a part of 152 

term of 154 

corporal punishment, inflicted by 145 
dismissal of 160,18-M87 


visitation of 26,28,132,152,182,188 

Secretary of board of education.. 182, 186 
Sectarian appropriations prohib- 
ited 10,256 

Security on bonds, see "Bonds, offl- 

Security, additional required 110 

personal 105,106,110 

real estate 105,106,100 


decisions upon 160 

examination of 181, 188, 191, 19:{, 202 

janitor work not required of . . . .68, 155 
liable for making and enforcing 

rules 150 

property accounted for by 207 

register kept by 207 

reinstatement of 196 


how valued 109 

Sinking fund 224 


132 152,155,160,181, 182,187 

resignation of 154 


Site for school house choice of .170 171 


schedules made by .... 209 212 


condemned 174 

deed of 64 


certified 210 

suspension by 167 

wages of, not paid, when.. 132, 198, 207 

for part of a month 214 

unpaid, draw interest 116,212 


district should own 64 

does not revert 65 

leased . . 65 








Special acts modified . 201,215,216,241,261 

relinquished 185 

not repealed 261 

Special teachers must have certifi- 
cates 200 


oates." 
Teachers' institutes, see "Institutes." 
Term of office, of boards of educa- 
tion 180,181.186 

of county superintendent 10,20 










Statement in place of schedule 209 

Statements see "Reports." 


of township treasurer 56,57 


of trustees . 46 


State superintendent, see "Superin- 

tenden; of public instruction." 
Statistics, see "Reports." 

ISubstitute, employed by whom 153 

must have a certificate 200 


of president of 57 

Test-books, uniformity of 182,158 

bought for poor pupils 132,159 

not for aU 159 

changes of 132,159 

Tie vote 54,126,171 


Superintendent of city schools... 181, 200 


Title to school property 64,189 


Sup't of pubhc instruction 11,12 

advice given by 13 

approves institute teachers... 204, 205 
aiithority of, recognized by 
courts 61 


to common school lands 9,241 

Tobacco on school premises 142 

Town meeting, trustees elected at.. 54,56 

Towns, see "Cities." 

Township, school 43 


by 190 


business of, done by trustees. 45, 242 

congressional 44 

districts should include ... 77 


forfeitures remitted by 19,62 


funds withheld by 18, 19 

records of 13 


divided by county hues, rep'ts of 63 
fractional consoUdated 44,244 




fund of, see "Pund, township." 

may support a high school 73 

may unite with anoiher for such 


salary and expenses of 13 

term of office of 10 12 




Suspension, see "Expulsion." 


not a civil town 44 




Township board of education 73 


Taxes for school purposes.... 215, 216, 234 






board of education may levy 181 

collector of 220 221 


examined by trustees 64,114 

by Co. sup't 27,31 

open to inspection 57 103 


directors may levy . 215 216 








boud of, approved by trustees .. 99 




inspeoial district 263 


form of lOO 


Taxpayers, hst of filed 88,97,98 

Teachers, api^ointment of ..132,152,181,187 
attendance by, upon institutes.205,206 


new one when 41,100 

books, etc., demanded by 113 

cash of, verified 32,115,116 


is for personal services 153 


compensation of 120 


observed by trustees 92 


dehvery to successor 119.254 



290 



INDEX. 



PAGE 

Same— Continued. 

election ordered by 47,89,122,125 

returns of, held by 126 

eligibility 46,56 

funds, custodian of... 38,39,70,113, 

117 177,225 

to loan, see "Fund, township." 
to pay out on orders, see 
"Fund, district." 
liable tor- 
failure in duty 57,96,99,100,118 


PAGE 

Same— Continued. 
liable for— 

conversion of funds 254 

false return of statistics 255 

insufficiency of treasurer's 

bond 254 

loss of funds 118,252,256 


not organizing 56 

not returning statistics.. 37, 63, 255 
loans not made to 107 129 130 


not liable for 118 

failure to return statistics .... 255 
loss of funds 99,100,256 


mandamus issued against 77,84 

may be a teacher 47 


retaining funds 119, 254 


may not take fnnrls frnm Tr^as 71 


loans not made to 107 

map, etc., filed by ..76,88,97,98,117,218 
notes, etc., submitted to trustees. 114 

reported to county sup't 108 

orders paid by, see "Orders." 

removal of 57 

residence in special district 46 

statement to directors 115 

to trustees 114 115 


meetings of 57 

not to be interested in contracts. 129 
not to release treasurer and his 

bondsmen 102 

organization by 56 

property divided by 91,93 

previous contr. cts observed by.. 92 

quorum of 58 

real estate leased by .. 72 242 


published annually 117 

to examine district records... 117, 127 
to return tax levy 117, 218 




sold by '. 72 

records of . . . .... 57 






if security is not increased ... 110 
transfers, duty of, concerning. 175 

vacancy in office of 56 

Transfer of pupils 175 

Treasurer, see "Township treasurer." 


removal of treasurer by 57 

report of 61,63 

successors to "Trustees of school 

lands" 98 

term of office of 46,48 


Trespass on school property 66,243 


to appoint treasurer 56 




a body politii and corporate.... 45 


to examine his books, etc 64,114 


compensation of 59,130 266 


Tuition fees 70, 160 

Union school district- 


debts compromised by 71,72 

dedication of land for streets by. 244 


by 77 

action upon by 82,83 


funds with one treasurer 131,221 

report of 64 


concurrent acti on 82, 97 


vacancy in board of 125 


jurisdiction regarding 78 

districts organized by 76 

map of, filed 76 

districts, special, not changed by 


see also "District" and "Districts." 

Vacancies— 

in board of directors . 123 125 


in board of education 180* 186 








in office of county sup't 23 

Vacations . .. 213 


at town meeting 54 


conduct of 48 49 


Vote on school questions . . . .123,170- 
173 222,229,228 




county sup't may order 52 

first 47 


a second vote on 124 

not on same day 124 

of no effect 72,124,216 


plurahty elects at 54 

postponement of 51 

Qualification of voters at.... 46, 48 




in divided townships 48 

Qualifications 46,48 








tie at 54 


Warrants issued by auditor 235 






eligibihty of 46,122 

funds apportioned by 59 


Year, school 15.97,131,133,181,215,216 



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COWPERTHWAIT & CO., Publishees. 



Almira College, 

GKEENVILLE, ILLINOIS. 

Boarding School for Young Ladies. 

Day School for Both Sexes. 




Greenville, the county seat of Bond county, is on the 
Yandalia Line, fifty miles east of St. Louis. It is noted 
for the enterprise and intelligence of its people. 

The college building, an elegant brick structure, was 
erected expressly for school purposes. It is provided with 
fire escapes and is a safe, intelligent home for young ladies. 

Almira College affords superior facilities for the study of 
the branches of the collegiate course, Music, Art and Elo- 
cution, and has, besides, a Business Department in which 
Double and Single Entry Bookkeeping, Business Corres- 
pondence, Business Papers, Arithmetic, Rapid Calculations, 
Language, and all the branches of a thorough, practical 
business education will be taught. This department will 
be in all respects equal to the best business colleges, while 
the expense will be much less. 

For courses of study and terms send for circulars. Cor- 
respondence solicited. 

JAMES P. SL.ADE, A. M., 



I 



President. 




State Normal University, 

NoEMAii, McLean Co., Illinois. 

This Institution was established, by the General Assembly of the State, in 
1857. Its sole purpose is to prepare teachers for the schools of the State. The 
several grades of the Model Department are estabhshed to aid in this work. 
Nevertheless, these grades serve well the purpose of those wishing instruction 
in the subjects taught. 

Students in the Normal Department are required to declare that their pur- 
pose in attending is to fit themselves for teaching; and all the work of the 
school is shaped to this single pxirpose. Probably no other Normal School 
Faculty in the country embodies so much of successful experience in Normal 
School work as ours. Tuition is fkee to those who take a pledge to teach in 
the schools in Illinois. Our facihties for the study of Botany, Zoology, Geology, 
Chemistry, and Mineralogy, are excellent, and we now offer them to such as 
desire to make those studies a sPECiAiiTT at a very small cost. 

THE HIGH SCHOOL 

grade of the Model Department offers the advantages of a first-class academy 
and preparatory school. There are two courses of study — the General and 
the Classical. Those who satisfactorily complete either course receive the 
Diploma of the University. Tuition in this grade, $30 a year. For particulars 
concerning the High School, address the Principal. 

THE GRAMMAR SCHOOL 

grade is under the charge of the Assistant Training Teacher; he does much of 
the teaching, sees that healthy discipUne is maintained, and takes care that no 
improper or vicious pupils are admitted to the school. This school prepares 
pupils for the Normal Department, for the High School, or for general business. 
Tuition, $25 a year. 

For catalogues, etc., address, 

EDWIN C. HEWETT. President. 



W H 1 TUB 



SCHOOL OF INDIVIDUAL INSTRUCTION. 

OkEGON, — IlililNOIS. 






E. L. WELLS, Principal. 



SPECIALTIES: 

State Cektieicate "Woek, 

CouNTX Ceetipicate Woke, 

PeEPAKATION foe OTHEK SCHOOIiS, 

Peepaeation foe Business, 

School Majstagement, 

AND School Methods. 

No vacations. Studies optional. Students enter at any time, and stay as long- 
as they please. Teachers spend their vacations in the most profitable drill-work. 
Many, besides teachers, attend the School. It is a good place for all young men 
and women who wish thorough instruction. 

SUMMER SCHOOL. 

The location is an admirable one for a Summer School. The town possesses 
some of the most beautiful scenery of Illinois, and is a popular summer resort. 
Many teachers of City Schools spend their summers in Oregon. 

STATE CERTIFICATE WORK. 

studies for State Exam nations can be taken at any time ; but a special class 
for this kind of work will be formed nine weeks previous to the State Examinations 
for each year. Teachers wishing the best of advantages will do well to join this class. 

Persons wishing to take new studies for State Examinations, should spend 
sufficient time in the School to thoroughly pursue the same. ■ 

The following are some of the Peculiarities of the School: 

1. It is a good place for slow learners. 

2. It is a good place for rapid learners. 

3. It is a good place for students in poor health. 

4. It is a good place for teachers in their vacations. 

5. It is a good place for persons who wish to review their studies. 

6. It is a good place for those who wish to study other languages. 

7. It is a good place for those who wish to select their own studies. 

8. It is a good place for persons who must attend school irregularly. 

9. It is a good place for young people who wish to become teachers. 

10. It is a good place for farmers' boys and girls in summer or winter. ' 

11. It is a good place for teachers desiring first grade or State certificates. 

12. It is a good place for young people who wish a good business education. 

13. It is a good place for those who wish to take vocal or instrumental music. 

14. It is a good place for those who do not wish to be classified with younger 

pupils in other schools. 

Send for Circular and Catalogue. 



Rand, McNally & Co.'s 

NEW SERIES OF EDUCATIONAL MAPS 

Especially Designed and Engraved for use in Schools. 

These Maps are distinguished by several new and useful features, being: beauti- 
fully bold in outline, free from unimportant names, and so distinct that no difficulty 
is experienced in reading any name. They show the latest geographical discover- 
ies and poUtical changes in every part of the world. They are handsomely and 
artistically colored, so that the political boundaries can be readily distinguised at 
a distance. The names of towns are engraved in clear, bold type, and the towns 
themselves are indicated by large black dots, so that the series can, ii' preferred, 
be used for "outline" maps. The length^ of the principal rivers and the altitudes 
of the highest mountains are engraved on the maps. 



THE "ruby" case, WITH SPRING ROLLERS. 

THE HANDSOMEST AND HANDIEST. 




• Tne Following Among Many Eminent Elncators Warmly Commend TMs Series. 

Edwin C. Hewf.tt, LL. D., President Illinois Normal University. 

KoBT. Alltn,D. D., LL. D., Principal Southern Illinois Normal University, Car- 
bondale, Illinois. 

Geo. Howland, Superintendent Public Schools, Chicago, Illinois. 

J. Simpson Afkica, Secretary Internal Affairs, Harisburg, Pa. 

M. B. Andbeson, LL. D., President University of Rochester, N. Y. 

B. W. Stevenson, Superintendent of Public Instruction, Columbus, O. 

J. W. HoLCOMBE State Superintendent of Public Instruction, Indiana. 

David S. Ioedan, President Indiana University. 

John Claek Eidpath, Author of "Eidpath's Cyclopedia of Universal History," 
Greencastle, Ind. 

W. H. Chandlee, Secretary Board of Eegents, Normal School, Madison, Wis. 

AiiBEET B. Watkins, Ass't Secretary, Eegents of the University, Albany, N. Y. 

John M. B. Sill, Superintendent of Schools, Detroit, Mich. 

James B. Angell, LL. D., Pres't University of Michigan, Ann Arbor, Mich. 

E. C. Delano, Eirst Assistant Superintendent Public Schools, Chicago, 111. 

J. C. BuEEOUGHs, Second Assistant Superintendent Public Schools, Chicago, ILL 

James H. Smaet, President Purdue University, Lafayette, Ind. 

Geo. S. Bakee, Superintendent of Schools, Evanston, 111. 

EoBEET Geaham, State Superintendent of Schools, Madison, Wis. 

J. M. Geeenwood, Superintendent of Instruction, Kansas City, Mo. 

John Goodison, Department of Geography, Michigan State Normal School, 
Ypsilanti, Mich. 

E. P. Wateebuet, Ph. D., LL. D., President State Normal School, Albany, N. Y. 
Send for complete catalogue and price Ust of maps and cases. Illustrated in colors, to 

RAND, McNALLY & CO., Map Publishers and Engravers, 

148, 1 50, 152, and 154 Monroe St., Chicago. 



BETTER THAN A 

GOVERNMENT BOND! 

AN INVESTMENT POLICY IN THE 

mm ma m msmicE i, 

OF DETROIT. 

S.l^^o^ol^^'sSS*- I ORGANIZED (867. 

JANUARY 1, 1887: 

Assets |1, 765, 333.13 

Liabilities 1,460,107.39 

Surplus 305,225.74 

Am't of Insur- 
ance in force.. .16,550,411. 74 

Amount paid 
policyholders. 2,427,631.75 



Insurance written in 1886.... $5,404,844 77 

Increase over amount •writ- 
ten in 1885 1,171,252 77 

Increase of insurance in force 
for 1886 2,862,191 74 

Increase of assets 227, ^29 44 

Increase of income 73,094 77 

Increase in amount paid 
policy holders (dividend's 
surrendered values and 
matui-ed endowments) 39,213 92 



Reasons Why You Should Insure in this Co. 

Because it issues the Most Compete pohcy of any com- 
pany in the world. 

Its Policies Insure against all contingencies and causes 
of death. 

Incontestable after three years. 

Cash values stated on all endowment policies after the 
third year. 

Its dividend record cannot be equaled. 

It paid its first dividend at end of first year after or- 
ganization; has never passed a dividend, never paid a 
dividend which has not been as large or larger than that 
paid on same policy the year previous. 

It is a Western Company, loans its money in the West, 
thereby securing a high rate of interest, which enables it 
to pay liberal dividends. 

TEACHERS 

Wishing to engage in the business of Life Insurance, 
either as Special or Local Agents, can make liberal contracts 
with this company. 
For terms, rates and circulars explaining plans, address, 

E. H. ELWELL 

Manager Northwestern JDep^t. 

169 LaSalle St., Chicago, 111. 



SPECIE TO SCHOOL OFFICERS. 

Your attention is called to the fact that the best School 

Desks and Apparatus are absolutely necessary 

to successful teaching-. 

THE AUTOMATIC SCHOOL SEAT 

Is without doubt the hest. It is the 

ONLY SELF-FOLDING SEAT 

In the market. An introduction invariably leads 
to an adoption. 

T. Ruddiman Johnston's Maps. 

Monroe's Reading Charts. 

Parker's Arithmetical Charts. 
Webster's Unabridged Dictionary— Latest Edition. 
Sirartha Physiological Charts. 

A full line of Registers and Records. 
Globes and Tellurians. 
In fact everything in the way of School Supplies. 

Write us for terms and depend upon prompt reply. Any 
orders sent us voluntarily will be filled subject to approval 
in quality and price. 

Union Sehool Furniture Co , 

178 W^abash Ave., Chicago. 



McCULLOUGH'S 

COUNTY OUTLINE MAP OF ILLINOIS, 

SHOWS 

EXACT LIMITS OF THE THREE U. S. LAND SURVEYS IN ILLINOIS. 

Teaches the Civil Government of Illinois, both as an independent state and in 
its relation to the United States ; gives most clearly the towns, rivers, boundaries, 
railroads, soil, productions, surface, climate, inhabitants, industries, geology, geo- 
graphy, and history; can be seen and undeestood aceoss a laege boom. 

N. N. McCULLOUGH, Springfield, 111. 



Prom E. A. Gastman, Sup't., Decatur, 111. : They seem to me to be excellent 
for use in our schools simply because they show just the things it is worth while 
to teach and nothing else. They are not crowded with irrelevant matter. I 
heartily commend them to the careful attention of teachers and school officers." 

From F. R. Feitshans, Sup't., Springfleld, 111.: "We have in use in every 
school in this city the State and Coiinty Maps as prepared by Mr. McCullough. 
They meet the wants of our schools and the teachers Uke them." 

From John Trainer, Sup t of Macon Co., 111. : "Our teachers like your outline 
maps very much. We are all of the opinion that the maps needed most are those 
containing simply the outlines of our manual work." 

From A. J. Smith, Sup't of Sangamon Co., 111.: "I concur fully in the views 
and statements of Mr. Trainer, and repeat for Sangamon county teachers what he 
has said of Macon county teachers." 



ILLINOIS : 

ITS HISTORY, CIVIL GOYERNMENT, GEOGRAPHY, 

MAP DRAWING, AND U. S. LAND SURVEYS OF 

THE STATE, FROM THE ORIGINAL 

RECORDS, TOGETHER WITH 

HISTORICAL NOTES 

AND COPIOUS MAP EXERCISES. 

Price, Twenty-Five Cents. 

From J. A. Coding, Sup't of Mercer County: "I have examined your little 
book 'Illinois,' with great satisfaction. I find nothing in it that cannot be used 
by any teacher in his school with the best results." 

*'It covers tlie Tvork called for in our Manual." 
"I bought it for the Civil Government." 

Address, N. N. McCULLOUGH. Springfield, 111. 

N. N. McCullough, Springfleld, lU., also gives prompt attention to all orders 
by mail or otherwise lor School and Teachers' Supplies. 



Tlie MM Series k Pattersoii's Laipap Series. 

I. 

Sheldon's Arithmetics, in T'wo Books- 

The Elements of Arithmetic and the Complete Arithmetic. As Prof. Beard, of the 
State Normal Sc-hool. Pa., says: "Tliis Scries combines the best features of others, 
without their faults." 

II. 
Sheldon's Algebras. 
The Elementery and Complete Algebra. 

This is not a 2-book series of Algebras, as the Complete and Elementary Alge- 
bra are the same, page for page, as far as the Elementary goes. 
These albegras are simple and clean cut, with fiesh and attractive examples. 

Sheldon's "Word Studies- 
Bound in full cloth, 196 pages. Introductory price, 25 cents. 
The title of this book indicates its precise scope and purpose. Enterprising 

teachers will hail with joy the aid which this book brings to their arduous work of 

preparation for oral instruction. 

Sheldon's Supplementary Reading- 
Book Third now readv. 1!I6 pages. Introductory price, 38 cents. 
It is intended in this book to give accurate and pleasing information, on subjects 
about which the child must study at a later date. 

Supt. S. A. Ellis, of Eoehester, New York, says of it: "While patjked with inform- 
ation that should be in the possession of every child, it is given in a style at once 
attractive and interesting." 

Sheldon's Modern School Readers, in Five Books- 

These readers were prepared with the greatest care, and the lower books were 
submitted to the test of actual use in the school room by a large number of teachers 
before being offered for sale. As a result, the books were as nearly perfect as it 
was possible to make them when first published. 

Eor six years the best talent which could be secured east or west has been en- 
gaged in preparing a series of text-books, which should have the meritorious fea- 
tures of all the best series and at the same time avoid their faults. The above 
series is the result of these labors. 

I. 
Patterson's Elements of Grammar and Composition. 

226 pages, bound in full cloth. Introductory price, 50 cents. 
II. 
Patterson's Advanced (jrrammar and Elements of Rhetoric. 

Bound in cloth, half leather, just piiblished. 

This book will be pubhshed in April or May at the latest. 

Patterson's Elements of Grammar combines the merits of the "language lesson" 
system with the methods of technical grammar, and contains the essence of the 
best methods of ihe best grammarians. It is a book which charms both teacher 
and pupil and makes the study of grammar delightful instead of wearisome. 

The Advanced Grammar is supplemented with a chapter of about one hundred 
pages, giving the more important principles of Rhetoric, with exercises, and fully 
meeting the requirements ot the ordinary High School or Academic Course. 

OUR HIGHER BOOKS. 

I. 

Shaw's New History of English and American Literature, Revised Edition. Shaw's 
Specimens of Enghsh Literature. Shaw's Specimens of American Literature. 



Avery's First Principles of Natural Philosophy. Avery's Elements of Natural Phi 
losophy. Avery's Elements " "' ' ' . . ^ , . ^. 

bracing Organic Chemistry. 



losophy. Avery's Elements of Chemistry. Avery's Complete Chemistry, em- 
;in ~ ■ "■ 



ni. 

Hill's Elements of Rhetoric and Composition. Hill's Science of Rhetoric. Hill's 
Elements of Logic. 

IV. 

Olney's New Geometry. Haven's Mental Philosophy, Wayland's Chapin's PoUtica 
Economy. Chapin s First Principles of Political Economy. Alden's Science of 
Government. Palmer's Elements of Book-keeping. Long's Classical Atlas. 

Send for Circulars, Catalogue, and Propositions- 

SHELDON & CO., New York and Chicago. 



mAMCMMCAMMM 

IVISON, BLAKEMAN & CO., 

PUBLISHERS. 

NEW YORK AND CHICAGO. 



A FULL LIST OF STANDARD TEXT-BOOKS FOR 

SCHOOLS AND COLLEGES 

Comprising the Works of such Authors as 

JAMES D. DANA, ASA GRAY, LEROY COOLEY, WILLIAM 

SWINTON, DANIEL W. FISH, ARNOLD GUYOT, 

EZRA M. HUNT, DR. WILLIAM THAYER SMITH, 

SIMON KERL, W. K. WELLS, DAVID A. 

WELLS, AND MANY OTHERS. 



New books are being constantly added and our list is 

always replete with Standard books on 

every subject. 



Correspondence is solicited, and catalogues sent to any 
address on application. 



-^ ■ « »> ' »• 



IVISON, BLAKEMAN & CO., 

publishe:rs. 

753 & 755 Broadway, 149 Wabash Avenue, 

NEW YORK. CHICAGO. 



QINN <fe COMPANY, 



PTTBIiISHEIlS OF 





180 WABASH AVE., CHICAGO. 



Elementary English, 
Higher English, 

Old and Middle English, 
Latin, 

Greek, 

Mathematics, 

Nat. Science, 
Music, 
History, 
Philosophy, 
Modern Languages, 
Sanscrit, 
Political Science, 
Geographies, Maps and Globes. 



SEND FOR CATALOGUE. 



FIRM AS THE EVERLASTING HILLS. 



fiPPLETON'8 SCHOOL REftDERS, 

BY 

Wm. T. Haeeis, LL. D.. Sup't of Schools, St. Louis, Mo. 

A. J. EicKOFF, A. M., Sup't of Instruction, Cleveland. Ohio. 

Maek Bailey. A. M., Instructor in Elocution, Yale College. 



THE OBIGINATOES OF THE 'NEWMETHOD. 
"THE LEADEKS OF ALL." 



The following are among the principal cities in which Appleton's Eeadees are 
now successfully used: 

CITY OF YOEK. 

City of Philadelphia. City of Chicago. City of Brooklyn. 

City of Cleveland. City of Jersey City. City of Omaha, Neb. 

City of Patterson. N. J. City of Kansas City, Mo. City of Hoboken, N. J. 

City of Atlanta, Ga. City of Pouglikeepsie. N. Y. City of Syracuse. N. Y. 

City of Oakland. Cal. City of Detroit, Mich. 

And many hundreds of other cities and towns throughout the country. 

JUST PUBLISHED 

A COMPANION FIRST READER 

By M. J. WOOD. 

A valuable book for use in primary clashes, furnishing additional reading 
matter for pupils in first-reader grades. As its title indicates, it is designed as a 
companion to the first book of any regular series, but was prepared with special 
reference to Appleton's First Reader. It contains no illustrations, all the space 
being given to reading-matter. 

PHYSIOLOGY. ' 

MWF TIVF' °''' "^^^ Human Body, and How to Take Care of It. 
!! Jj UlrlJj An Elementary course in Anatomy. Physiology and Hygiene 
By James Johonnot, Eugene Bouton, Ph. D., and Henry D. Didama, M. D. 
A text-book thoroughly adapted to elementary instruction in the public 
schools, giving special attention to the laws of Hygiene (including the effects of 
alcohol and narcotics upon the human system) as ascertained from a careful 
study of Anatomy and Physiology. 

-■APPLETON'S LATEST ISSUES.^ 

APPLETON'S NEW ARITHMETICS, two votome,. 

I. NUMBFUS ILLUSTRATED. In Language. Drawing, and Reading Lessons- 
An Arithmetic for Primary Schools. By Andi'ew J. Eickoff and E. 0- 
Davis. Retail price, 42 cents. 
II. NUMBERS APPLIED. A complete Arithmetic for all grades. By Andrew 
J. Eickoff. Eetail price, 87 cents. 

APPLETON'S PHYSICAL GEOGBAPHY . 

Prepared on a new and original plan by a corps of scientific specialists, pre- 
senting an array of talent never before united in the makmg of a single 
text-book. The greatest work of the kind ever issued. Introduction 
price, fl.60. 

Descriptive Catalogue, Special "Educational Notes," Circulars, Price-list, etc., 
mailed free on application. 

D. APPLETON Zl COMPAHT. 

PUBLISHEES, 
NEW YOEK. BOSTON. CHICAGO. ATLANTA. SAN FEANCISCO. 



DIXON'S 

AMERICAN GRAPHITE PENCILS, 

These superb pencils have proved to be so eminently superior, that they have 
come to be regarded the best in the market for school and business purposes. They 
are endorsed by the leading teachers of drawing, by artists, by accountants and by 
innumerable experts in the use of pencils throughout the United States. Teachers 
and scholars who have once used the Dixon iieneils want no others. They are 
almost universally used in New England, New York State and Pennsylvania 
schools, and are being rapidly adopted in all parts of the country by school officers. 
Where the Dixon pencils are not familiar we sliall be pleased to send samples free 
of charge to any school officer interested. 

Our Complete Grade Stamps are as follows, viz : 

Similar gi-ade to the 
European Stamp of 

V V S-Very, very soft (B B B) 

VS-Very soft (B B) 

S-Soft (B and No. 1.) 

SM-Soft medium (H B and No. 2.) 

MB-Mediutn black (E) 

M— Mpdium (H and No. 3.) 

M H-Medium hard (H H) 

H-Hard (H H Hand No. 4.) 

V H-Very hard (H H H H and No. 5.) 

VVH-Very, very hard (H H H H H H) 

JOS. DIXON CRUCIBLE CO., 

JERSEY CITY, N. J. 

Drawing Books for Public Schools. 

AMERICAN TEXT BOOKS OF ART EDUCATION. 

PUBLISHED BY 

THE PRANG EDUCATIONAL COMPANY. 

BOSTON. NEW PORK. CHICAGO. 

Teachers' Manuals for each grade, with full and explicit 
directions for each day's work. Every teacher can learn 

HOW TO TEACH DRAWING BY STUDYING THE PRANG MANUALS. 

PRANG'S SHORTER COURSE IN DRAWING, 

FOR SMALL TOWNS AND COUNTRY SCHOOLS. 

Five Drawing Books and a Teacher's Manual. 

Prang's Model for Teaching Drawing.— Especially de- 
signed for Teaching Drawing from objects in Primary "and 
Grammar Schools. 

Prang's Aids for Object Teaching.— Large Wall Charts, 
including illustrations of the Animal Kingdom, EthnogTaph- 
ical, Geographical, and Zoological Charts. 

Prang's Natural History Series for Schools 

Prang's Trades and Occupations. 

Prang's School Pencils. 

^-^^ ^1 /-,^i ^j Prang's School Compasses. 

For further particulars or Catalogue address -^ 

WM. S. MACK, Manager. 

151 Wabash Ave., Chicago. 




Springfield Business College. 

Located at the Capital of the State, in the Y. M. C. A. Building, offers superior 
advantages to those who desire a thorough Business Education. 

A complete course of Busi- 
ness Training in all de- 
partments in 

Book-keeping, 

Commercial Arithmetic, 

Penmanship, 

Commercial Paper, 

Commercial Law, 

Civil Government. 
ACTUAL BUSINESS PRACTICE 

unsurpassed. All Common School Branches taught. Short Hand and Type Writing 
Department. Students have the advantage of Gymnasium, Bath Booms and Free 
Public Library, all in the same building. We solicit correspondence with graduates 
of High Schools and with those who have attended common District Schools only. 
For Catalogue apply to 

BOGARDUS & CHICKEN, Proprietors. 

Worthy tie AtteDllon of Eierj Teacler ai School Olcer. 

Anderson's Ne-w TJ. S. History, Anderson's General History. 

Hutchison's Physiology and Hygiene, 

Hutchison's First Liessons in Physiology. 
Thomson's Commercial Arithmetic, 

Thomson's Practical Algebra. 
Thomson's Complete Graded Arithmetic, 

Thomson's First Lessons in Arithmetic. 
English Classics, Shakespeare Plays. 

AN ANCIENT SPELL. 

BY 

WILL CARLETON. 
There they stood, like young globe-batters, with no salary enriched. 

Waiting for the words momentous that the dextrous teacher pitched; 
And he hurled the first one at them, like a nicely twisted L all. 

While the catcher just behind them was the horny-handed wall; 
And the first boy struck and missed it, and his face was deeply vexed. 

As the teacher scowled a cyclone, and vociferated "nextl" 

The complete poem will be mailed free of charge to teach- 
ers and school officers who send us their address. 

For the above works, Keed's Word Lessons, and any other 
texts in the Keed & Kellogg Language Lessons, address 
CLAEK & MAYNAED, Publishers, 

New York and Chicago, or 

J. D. WILLIAMS, 
Catalogue free. 75 Wabash ave., Chicago. 



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